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V'W*^-
COMPLETE COLLECTION
OF
State Trials
AND
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM THE
EARLIEST PERIOD TO THE YEAR 1783,
WITH NOTES AND OTHER ILLUSTRATIONS:
COMPILID BY
T. B. HOWELL, Esq. F.R.S. F.S.A
-— • INCLUDING,
IN ADDITION TO TflE WHOLE OF THE MATTER CONTAINED IN THE
FOLIO EDITION OF HARGRAVE,
UPWARDS OP TWO HUNDRED CASES NEVER BEFORE COLLECTED;
TO WHICH IS SUBJOINED
A Table of Parallel Reference,
RENDERING THIS EDITION APPLICABLE TO THOSE BOOKS OF AUTHORITY IN
WHICH REFERENCES ARE MADE TO THE FOLIO EDITION.
IN TWENTY-ONE VOLUMES.
VOL. VII.
30—32 CHARLES II 1678—1680.
LONDON:
Printed by T. C. Hansard, Peterborough-Court, Fleet-Street ;
FOR LONGMAN, HURST, REES, ORME, and BROWN ,• J. M. RICHARDSON ;
BLACK, PARBURY, and ALLEN; BALDWIN, CRADOCK, and JOY;
E. JEFFERY; J. HATCHARD; R. H. EVANS; J. BOOKER ) E. LLOYD;
J. BOOTH; BUDD a*d CALKIN; AND T. C. HANSARD.
1816.
.
UBMRYOFTHE
LELMO ftTAiVFOfiO ;:'.i\!\<ER8ITY.
0..M-3ISJ"
Ms 27 WOO
-
TABLE OF CONTENTS.
TO
VOLUME VII.
■ IMIM ^umiii Ml-**
STATE TRIALS IN THE REIGN OF
KING CHARLES THE SECOND.
\* Vk* new Matter * mqriked JN.]
■**• THE Trial of Bbwam> Colmah, at the KrogVBench, for High Treason,
A* &• 1678 (MIMHINMIIHItlM^IIMHMIUMHHMUMMIHMtflMlflltlMMI,!!! |
945. The TVial of William Irrlan©, Thomas Pickering, and John Grove, at
the Old Barley, for High Treason, a. d. 1678 , 79
34G. The Trial of the Lord Cornwall™, before the Lords at Westminster, for
the Murder of Robert Clerk, a. d. 1678 lit
947. The Trial of Robert Green, Henry Berry, and Lawrence Hill, at the
KingVBench, for the Murder of Srr Edmundbury Godfrey, a. d. 1 679 1 59
348. The Trial of Mr. Samuel Atkins, at the Ktng's-Bench, for being acces-
sary to the Murder of Sir Edmundbury Godfrey, a. d. 1679 ... 231
949. The Trial of David Lewis, a Jesuit (pretended Bishop of LlandafF), at
Monmouth Assizes, for High Treason, a. d. 1<?79 ,. 250
* « »
250. The Trial of Nathan ael Reading, esq. for a Trespass and Misdemeanor,
a. d. 1679 *....♦. .;.- 259
251. The Trial of Thomas White, alias Whitebread, Provincial of the Jesuits
m England, William Harcourt, pretended Rector of London, John
Fbnwick, Procurator foe the Jesuits in England, Joan Gavan, alias
Gawbn, and Anthony Turner, all Jesuits and Priests, at the Old
Bailey, for High Treason, a. d. 1679 ; « 311
TABLE OF CONTENTS.
Page
$53, The Trial of Ricbabb Laxghobn, esq. at the Old Bailey, for High Trem-
son, a. d. 1679 ••••• • • h„,m. 41S
An Answer to the Rejections on the Five Jesuits Speeches; or,
General Bales of Christian Charity. Together with the Speech
of Henry IV. King of France in behalf of the Jesuits [N.] 564
Animadversions on the last Speeches of the five Jesuits, Tin. Thomas
Whitb alias Whitbbbbad, Provincial of the Jesuits in England;
WIluam Habgoubt, pretended Rector of London; John Fbn-
wick, Procurator for the Jesuits in England ; John Gay an alias
Gawbn, and Anthony Tubnbb ; who were all executed at Ty-
burn for High Treason in conspiring the Death of the King, &c
June 20, 1679 [N.] 543
An Account of the Behaviour of the Fourteen late Popish Malefec-
tors whilst in Newgate. And their Discourses with the Ordinary,
viz. Messrs. Stalby, Colbman, Gboyb, Ibbland, Pickbbimg,
Gbbbn,Hibb, Bbbby, Whitbbbbad, Habcoubt, Fbnwick, Gawbn,
Tubnbb, and Lbhohobn. Also a Confutation of their Appeals,
Courage, and Cheerfulness, at Execution. By Samuel Smith,
Ordinary of Newgate, and Minister of the Gospel [N.] 570
tiS. The Trial of Sir Gbobob Waxbman, hart William Mabsmal, William
Rumlby, and Jambs Cobjlbb, Benedictine Monks, at the Old Bailey,
for High Treason, a. n. 1679 ,.... 591
Some Observations upon the late Trials of Sir Gbobob Wakbmav,
Cobkbb, and Marshal, &c By Tom Ticklefbot, the Tahourer,
late Clerk to Justice Clodpate 687
The Ticbxbb Ticklbd ; or, the Ohservator upon the late Trials of
Sir Gbobob Waxbman, Jtc. observed. By Mabobby Mason,
Spinster . . 695
The Lord Chief Justice Scaoocs's Speech in the King VBencb, the
first Day of this present Mithaelmas-Term, 1679, occasioned by
many libellous Pamphlets which are published against Law, to
the Scandal of the Government, and Public Justice. Together
with what was declared at the same time on the same Occasion, in
open Court, by Mr. Justice Jombs, and Mr. Justice Dolbbn 70S
954. The Trial of Chablbs Kbbmb, at Hereford Assises, for High- Treason,
being a Bomish Priest, a. p. 1679 •-•• 707
25*. The Trial of Anbbbw Bbommich, at Stafford Assises, for High Treason,
being a Komish Priest, a. t>. 1679 ««..* 715
TABLE OF CONTENTS.
P*ge
936. The Trial of William Atkins, at Stafford Am^ for High Treason;
being a Romish Priest, a* d. 1670....... , ..* 726
257. The Trial of Francis Johnson, a Franciscan, at Worcester, for High
i,.a,d~ 1639 [N.}..~. .. 4.*.....,. 750
• * « .
358. The Trial of Thomas box and John Lane, at the KingVBench, for a
- Misdemeanor, a. d. 1679* .» . • * ~ 769
99. Th^ TrftUi 6f LioNiL Anderson alias Munson, William Bussel alias
Napfer, Charles P arris alias Paebt, Henrt Staekbt, James Corker,
William Marshal, and Alexander Lumsden, with the Arraignment
of Dayid Joseph Kemish, at the Old Bailey, for High Treason, being
Uomish Priests, a.d. 1680 811
900. The Trial of John T? asborough and Anne Price, at the KingVBench,
for Subornation of Perjury, a. d. 1680 882
161. The Trial of Benjamin Haeris, Bookseller, at Guildhall, for causing to
be printed, and sold, a libel, entitled, " An Appeal from the Country
" to the City, for the Preservation of his Majesty's Person, Liberty,
" Property, and the Protestant Religion/' a. d. 1680 996
999. The Trial of Francis Smith, Bookseller, at the Guildhall of Loudon, for
publishing a Libel, a. d. 1680 ♦ ......r. 051
968. The Trial of Jane Curtis, at Guildhall, for publishing the same Libel,
a. n. 1680 «. ~ . 959
964. The Trial of Sir Thomas Gascoignb, bart. at the KingVBench, for High
Treason, a. i>. 1680. 959
965. The Trial of Elizabeth Cellibe, at the King's-Bcnch, for High Treason,
A. D. 1680 1041
906. The Trial of Roger Palmrr, esq. Earl of Castlemaine, in the Kingdom of
Ireland, at the King's-Bcnch, for High Treason, a. d. 1680 1067
967. The Trial of Henrt Carr, or Care, at the Guildhall of London, for a
libel, a.d. 1680 ..' Ull
968. The Trial of John Giles, at the Old Bailey, for assaulting and attempt-
ing to murder John Arnold, esq. a.d. 1680 1130
969. The Trial of Thomas Thwinc and Mart Prbssicks, at York Assises, for
High Treason, a. d. 1680 .. 1169
97a The Trial of Elizabeth Ceixibr, at the Old Bailey, for writing and
publishing a libel, September 11th and 13th, a. d. 1680 1 183
TABLE OF COtfTfcNlS.
171. Proceedings against the Fire Popish Lords, vix. the Sari of Powis, Lord
- Viscount Staffobd, Lord Pbtke, Lord Aruhdel of WaHOoub, and
Lord Bbllasvss, for High Treason : Together with the Trial of Lord
Viscount Stafford, a.d, 1678 — l6ft£.„„ «•••••«•»••••»••••••••• 121S
The Trial of William Viscount Staftoio, before the Lords At
Westminster, upon an Impeachment for High Treason, November
30, A.D. 1<380mMMMMM.MMMM.MMM ...#MM MM.Mt.MM. 1294
COBBETTS
i
k
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
.. i* .-i ...
3SS
3»=rS
r , ' _
844. The Trial* of Edward Coleman,^ at the Kings-Bench, for
High Treason ; 30 Charles I J. a. d. 1678.
ON Wednesday the *Trh of November, 1078,
Mr. Coleman, having been arraigned the Sa-
turday before for High-Treason, was brought
to the KiDg's^bencb par, to receive his trial,
and the Court proceeded thereupon, as fol-
lowed!:
CI. qfCr. Crier, make proclamation. .
Crier. O yes ! Our sovereign lord the king
does strictly charge and command all manner
of persons to keep silence upon pain of impri-
sonment. If any one can inform our sovereign
lord the king, the kin£s serjeant, or the king's
attorney-general, or this inquest now to be ta-
ken, of any treason, murder, felony, or any
other misdemeanour committed or done by the
H^i
• » From a pamphlet, entitled; « The Trial
of Edward Coleman, gent* for conspiring the
Death of the King, and the Subversion of the
Government of England, and the Protestant
Religion : who upon full evidence was found
Goilty of High Treason, and received Sentence
accordingly, on Thursday, November 38, 1678.
London, printed for Robert Pawlet at the
Bible in Chancery-lane near Fleetttreet, 1678.
* November 28, 1678. I do appoint Robert
* Pawlet to print: the Trial of Edward Cole-
* man : And that no other person presume to
' print the same. Wm. Scrogcs.' "
f See the Introduction to the Trials for
ito Popish Plot, vol. 6, p. 1401. Burnet's
Hist, of his Own Time, vol* 1, p. 393, thus
introduces Coleman t " The duchess of York
had one pot about her to* be her secretary,
Coleman ; who became so active in the affairs
of the party, and ended his life so unfortunate-
ly, that since I bad much conversation with
him, las circumstances may deserve that his
character should be given, though bis person
did not,- I was told, mt was a clergyman's son :
Bat be was early catebed by the Jesuits, and
He understood
YOU Til.
prisoner at. the bar, let them come forth, and
they shall be heard, for the prisoner stands at
the bar upon his deliverance.
CI, cfCr. Crier, make an O yes.
Crier. O yes ! You good. men that are im-
GoelJed to enquire between our sovereign
the king, and Edward Coleman prisoner
at the bar, answer to your names.
CI. cf Cr. Edward Coleman, hold up thy
hand. These good men that are now called,
and here appear, are those which are to pass
between you and our sovereign lord the king,
upon your life or death ; if you challenge any
of them, you must speak as they come to the
book to' be sworn, and before they are sworn.
the art of managing controversies, chiefly that
great one of the authority of the church, better
than any of their priests. He was a bold man,
resolved to raise himself, which he did by de-
dicating himself wholly to the Jesuits : And so"
be was raised by them. He had a great east*
nets in writing in several languages ; and writ
many long letters, and was the chief corres-
pondent the party bad in England. He lived
at a vast ex pence. And talked in so positive
a manner, that it looked like one who knew he
was well supported. I soon saw into his tem-
1>er ; and I warned the duke of it t For I
ooked on him as a man much liker co spoil
business, than to carry it on dexterously. He
got into tbe confidence of P. Ferrier the king
of France's confessor ; and tried to get into
tlje same pitch of confidence with P. de la
Chaise, who succeeded him in that post. He
went about every where, even to the jails
among the criminals,' to make proselytes. He
dealt much both in the giving and taking of
bribes." See more of him, p. 892, et seq. of
the same volume. His name occurs in the
Pieces Historiques, annexed to the (Euvres de
Louts xiv.
B
«]
STATE TRIALS, SO CiutLE* II. mt<—Tritl tf Edward Cokman,
t*
lilt prisoner challenging none, the Court
proceeded, and the Jury were sworn, vis. sir
Reginald Forster,.bart. ; sir Charles Lee; Ed-
ward Wilford, esq.; Jobn: Bathurst, esn.;
Joshua Galliard, esq. ; John Bif§eld, esq. ; Si-
mon Middleeon, esq. ; Henry Johnson, esq. ;
Charles Umfrevile, esq.; Thomas Johnson,
esq. ; Thomas Eagtesfield, esq. ; Win. Bohee,
esq*
CI. qfCr. Crier, make an O yes.
Crier. O yes ! Our sovereign lord the king
dues strictly charge and command all manner
of persons to keep silence upon pain of impri-
sonment.
CI. cf Cr. Edward Coleman, hold np thy
hand. You Gentlemen of the, Jury that are
now sworn, look upon the prisoner, and hearken
to his charge. You shall understand, that the
prisoner stands indicted by the name of Ed-
WnrdColeuTan, late of the" parish of St .^Marga-
ret's Westminster in the county of Middlesex,
gent, for that be as a false traitor against our
most illustrious, serene, and most excellent
£rince Charles, by the grace of God of Eng-
ind, Scotland, France, and Ireland king, de-
fender of the faith, 6(c. and his natural lord ;
having not the fear of God in bis heart, nor,
duly weighing bis allegiance, but being moved
and seduced ny the instigation of the devil, his
cordial love and true duty, and natural obedi-
ence, (which true and lawful subjects of our
said lord the king ought to bear towards him,
and by law ought to have) altogether withdraw-
ing, and with all his strength intending, the
peace aud common tranquillity of this kingdom
of England to disturb, and the true worship of
God within the kingdom of England practised,
and by law established, to overthrow, and se-
dition and rebellion within this realm of Eng-
land to move, stir up and procure ; and the
cordial love and true duty and allegiance,
which true and lawful subjects of our sovereign
lord the king towards their sovereign bear, and
by law ought to have, altogether to withdraw,
forsake, and extinguish ; aodour said sovereign,
lord the king to death and final destruction to
bring and pat, the 99th day of September, in
the, 37th year of the reign of our said sovereign
lord Charles the Sod, of England, Scotland,
Franca and Ireland king, defender of the faith,
&c. at the pariah of St. Margaret's Westminster
aforesaid, in the count? aforesaid, falsely, ma*
lktou Jy and traitorously proposed, compassed,
imagined and intended, to stir up, and raise se-
dition and rebellion within the kingdom of
England, and to procure and cause a miserable
destruction among the subjects of our said lord
the king, and wholly to deprive, depose, dejject
and disinherit our said sovereign lord the suae;,
of his royal state, title, power, and rule of his
kingdom of England, and u> bring and put our
said sovereign lord the king to final death and
destruction, and to overthrow and change the
government of the kingdom of England, and to
alter the sincere and true religion, of God, in
Miis kingdom by law established ; and wholly
to subvert and destroy the state of tbf whole
kingdom, being in the universal parts thereof,
well established and ordained, and to levy war
against our said sovereign lord the king, witbin
hits realm of England t And to accomplish and
fulfil these his most wicked treasons, and trai-
torous designs and imaginations aforesaid, the
said Edward Coleman afterwards, that is to
say, the t9th day of September, in tip 27th
year of the reign 6f our said lord the king, at
the parish of St. Margaret's Westminster afore-
said, in the county of Middlesex aforesaid,
falsely, deceitfully and traitorously composed,
contrived, and writ two letters, to be sent to
one M. La Chaise, then servant and eonfessor
of Lewis the French king, to desire, procure,
and obtain, for the said Edward Coleman, and
other raise traitors agaitist our said sovereign
lord the king, the aid, assistance, and adherence
of the said French king, to alter the true reli-
■" gion in this kingdom established, to the soper^
stitton of the Church of Rome, and to subvert
the government of this kingdom of England c
And afterwards, that is to say, the said 89th
dsw of September in the year aforesaid, at the
parish of St. Margaret's Westminster, in the
county of Middlesex aforesaid, the snid Edward
Coleman falsely, traitorously and maliciously,
composed and writ two other letters, to be
sent to the said M. La Chaise, then servant and
confessor to the said French king, to the in*
tent that he the said M. La Chaise should in-
treat, procure, and obtain for the said Edward
Coleman and other false traitors against our
sovereign lord the king, aid, assistance, and
adherence of the said French king, to alter the
true religion in this kingdom of Eogland estah*
lished, to the superstition of the Church of
Rome, and to subvert the government of this
kingdom of England : And that the said Ed*
ward Coleman, in further prosecution of his
treason and traitorous imaginations and inten*
tions, as aforesaid, afterwards, vis. the 89tb
day of September, in the 87th year of the reign*
of our said sovereign lord king Charles, of Ent>
land, Ate. the said several letjers, from the said
parish of St. Margaret's Westminster, in the
county of Middlesex aforesaid, falsely, malici-
ously and traitorously, did send to the said M.
La Chaise, into parts beyond the seas, there te
be delivered so turn : And that the said Ed-
ward Coleman, afterwards, vis. the 1st day of
December, in the 87 th year of our said sovsv*
reign lord the king, at the said perish:of fitv -
Margaret's Westminster, in thfcotmty of Mid*
dlesex aforesaid, did receive from the said M.
La Chaise one letter, in answer to one of die
said letters first mentioned, and written by him
the said Edward Coleman to the said M. La
Chaise ; which said tatter ia answer as afore*
said, falsely, isudscwavJy, and traitorously re-
oeived, the day and year aforesaid, at the
parish of Se. Margaret's Westm taster, atmeseift,
the said Edward Coleman did falsely, traitor*
oosly, and maliciously read over and pesoses
And that the said Edward Cofeman,tbe letfce*
so as. aforesaid, by him m answer so the said
letter received into his custody and possession,
ii *
8TATfcTftlAUS, 30 Ciuauu II. \Q1t<-Jar jg%* IWe**.
tk> 4^ sad j«* lam m€DtV>tMd| »C tb« pwriab
of St, Msesjuvt's Westnunsier aforesaid, «
throoenty *f Middlesex aforesaid, did falsely,
imfii ssuuiy> and traitorously detain, conceal
•ad keep. By which letter the and M. La
Canoe, the day and year last Motioned, at the
parish of St. Margaret's Westminster, in the
earner of Middlesex aforesaid, did signify and
swoonae* to the said Edward Coleman, to ob-
tain lor the said Edward Coleman, and other
false traitors against oar sovereign lord the
king, aid, assistance and adherence from ihe
said French king: And that the said Edward
Coleman afterwards, vis. the 10th day of De-
iber, in the 37th year of the reign of our
1 sovereign lord the king, at the parish of St.
gam's Westminster, in the county of Mid-
dlesex aibreemid, bis wicked treasons and trai-
torous designs and proposals as aforesaid did
tail and declare to one M. Ravigni, envoy-ex-
traordioary from the French king to oar "most
serene and sovereigQ lord king Charles, &c. in
the county aforesaid residing, and did falsely,
snaociously/, and traitorously move and excite
the said envoy-extraordinary to partake in his
treason ; and the sooner to fulfil and complete
Ins traitorous designs, and wicked knagioations
and intentions, the said Edward Coleman af-
terwards, to. the 10th day of December in the
2?tb year of ihe reign of oar sovereign lord
king Chudes the second of England, fee* afore-
said, at the parish of St. Margaret's Westmin-
ster, in the couaty of Middlesex aforesaid, did
advisedly, maliciously, deceitfully, and traitor-
ously compose and write three other letters to
he sent to one sir William Throckmorton, kt.
then a subject of our said sovereign lord the
king of this kingdom of England, and residing
in France, in. parts beyond the seas, viz. at the
parish of St. Margaret's Westminster, in the
coeoty of Middlesex aforesaid, to solicit the
said M. La Chaise to procure and obtain of the
said French king, aid,- assistance and adherence
as afureaaid, and the said letters last mention-
ed, afterwards, via. the day and year last
as aforesaid, from' the said parish of St.
V Westminster, in the county of Mid-
foresaid, did falsely and traitorously
send, and cause to be delivered to the said sir
William Throckmorton in France aforesaid,
his true allegiance, and against the
o£ our sovereign lord the king that
j ht» crown and dignity, and against the
form of 'the statute in that case made and pro-
CL of Cr. Upon this Indictment he hath
-Jan arraigned, and hath pleaded thereunto
Not Guilty ; and for his trial he puts himself
anon God and his country : which country you
Your charge is to enquire, whether lie be
of the high-treason whereof be stands
ad, or net feisty. If you find him guil-
ts', you are to inquire what good* and chattels,
lands and tenements he had at the time when
the high-treason was committed, or at any
, *,See East's Pleas of .the Crown, x. 2, s. 68.
time since : If you 6od him not jpvty, you are
to say so, and no more, and near your evi-
dence. .
Crier. If any one will give evidence on the
behalf of our sovereign lord the king, against
Edward Coleman the prisoner at the bar, lee
him come forth, and he shall be beard ; for the
prisoner now stands at the bar upon hit deli-
verance.
Mr. Recorder, (Sir Georre Jefferies.) May
it please you, my Lord, and you gentlemen of
the jury; Mr. Edward Coleman, now the pri-
soner at the bar, stands iodicted for high trea-
son, and the indictment sets forth that the said
Edward Coleman, endeavouring to subvert the
protestant religion, and to change and alter
the same y and likewise to stir up rebellion and
sedition amongst the king's liege people, and
also to kill the king; did on the 29th of Sep*
tember in the 27th year of the reign of our so-
vereign lord the king, at the parish of St.
Margaret's, Westmioster, in this county, com-
pose and write two several letters to one M.La
Chaise, that was then servant and oontesso*
to the French king, and this was to procure
the French king's aid and assistance to htm
and other traitors, to alter the religion practis-
ed, and by law established here hi England,
to the Romish superstition. The Indictment
sets forth likewise, That on the same day he
did write and compose two other letters to the
same gentleman, that was servant and con-
fessor to the said king, to prevail with him to
procure the French sint/s assistance to alter
the religion in this kingdom established to the
Romish religion. The indictment sets farther
forth, that he caused these twe letters to be
sent beyond seas. And it also sets forth, that
on the 10th of December, the tame month, he
did receive a letter from the gentleman that
was the confessor, in answer to one of the
former letters, and iu that letter aid and assist*
ance from the French king was promised ; and
that he did traitorously conceal that letter.
My Lord, the Indictment sets out further, that
on the 10th day of the same month, he did re*
veal his treasons and traitorous conspiracies to
one Monsieur Ravigni, who was envoy from
the French king to his majesty of Great-Bri-
tain. And his Indictment declares, he after*
wards did write three letters more to sir William
Throckmorton, then residing in France, to
procure the French king's assistance to the al-
teration of the religion practised here in Eng-
laud. Of these several offences he stands here
indicted.
To this he hath pleaded Not Guilty. If we
prove these, or eitner of them in the Indict-
ment, you oogbt to find him guilty.
Serj. Maytutrd. May it please .your lord-
ship, and yoo gentlemen of toeiury : This is n
case of great concernment. Gentlemen, the
prisoner at the bar stands indicted for no lest
than an intention and endeavour to murder
the king; Jbr an endeavour and attempt te
change the government ef the nation, so wall
settled and instituted, and to bring us nil to
VMM
71
STATE TWAIA so Cuiut U. ltfs~*ftM tf&mtri <Mma»,
[*
ruio and slaughter of one -another ; and lac m
endeavour to alter the Protectant religion, and
to introduce instead of it the Romish supersti-
tion, and Popery.
This is the charge in general, of the Indict-
ment. We will proceed anto particular*)
whereby it may appear, and whereupon be
endenvooreth to accomplish his ends. One or
two letters -written to M. La Chaise (he is a
foreigner, and we bate nothing to say to him,
being confessor to the French king) it was to
eicite and stir him up to procure aid and as-
sistance (and you know what aid and assistance
■leans) from a foreign prince, arms, and other
levies. We charge bin with it, that he did re-
ceive this letter, ay, and received an answer
with a promise, that he shoe Id have assistance.
He writ other letters to sir William Throck-
morton, who traitorously conspired with him,
*nd had intelligence from time to time from
him. .This is the charge in the Indictment 3
To which he bath pleaded, Not Guilty. We
will go. on in onr evidence : J shall, but mora
generally, open our method, that we intend to
take. For it may seem strange, and is not rea-
sonably to he imagined, that a private gentle-
man, as the prisoner at the bar is, should have
such vast and great designs as this, to alter,
religion, destroy the government, ay, and de-
stroy the subjects too in a great measure.
But it is not himself alone, but he employs
himself for foreign assistance, great eonJedera-
, cies and combinations with the subjects of that
king, many of whom he did pervert.
In the course of the Evidence I shall not
open the particulars : (Mr. Attorney, I think,
wall do thatjby and by) those that we have oc-
casion to sneak of, and shall in proof mention
CO you, will be these : La Chaise, the French
king's present confessor, we have mentioned :
before him there was one Father Ferryer, with
whom be held correspondence. That Ferryer
being removed by death, the prisoner had an
employment here amongst us, by which he
gave La Chaise instructions bow to proceed.
This gentleman is the peat contriver and
plotter* which gives him instructions how to
proceed. He doth give him an account by
way of narrative, how all tilings had stood
una* former treaties and negotiations, how bu-
sinesses were contrived, and how far they were
gone; this he diligently and accurately gives an
account of. This (my lord) doth discover and
delineate, what hath been done before until
1674. My lord, there was likewise sir Wm.
Throckmorton and some others, that are Eng*
lisbmen too, there are none of them but what
were first Protestants ; but when they once re-
nounced their religion, no wonder they should
renounce their nation* and their prince too.
He was gone beyond the seas, several letters
past between them, and all to promote, and en-
desien. 1
courage, end aocomphob this design. My lord,
there is likewise a consult of Jesuits used too,
where, in .express words, they designed to mur-
der the king* or cootrsred and advised upon it.
Mj L^&m+**fmln*hnm(l open
bug the beads of things) sent a» Windsor ts>
murder the king ; this gentleman Mocked end •
disbursed money about this basinets, and on*)
Asbby a Jesuit here bad instructions mam Mm *
to prosecute the design, and to treat with a •
physician to poison the king. This the pri-
soner approved of, and contributed to is*
There were communions, as I take it, delivered
from Ferryer, or by bis hand, that came from
foreign powers. Sir Henry Titchooume waa
another that received and delivered com*
missions. Pompone the French gentleman, he
maintains intelligence with him about this bin •
siness, die titular archbishop of Dublin.
There is Cardinal Norfolk, by him be had
accession to the Pope. There was likewise)
the Pope's Nuncio (I do not open the trene-
actions of these instructions); these parti*
cnlars will be made oat, not only by witness
vtva voce* and not single only, but by letters of
this Mr. Coleman's own writing. But I oner
that to the consideration of the jury.
Mr. Oates was the first man, that we hear
of, that discovered this treason; he was the,
single man that discovered so many active
agents in so great a treason as this was, and it
needed to be well seconded ; but he being
found to be but single, the boldness and eos>
rage of. these complotters in it grew great
thereupon. We know what followed; the
damnable murder of that gentleman, in exe-
cution of his office, so hellishly contrived, and
the endeavours that were used to hide it, every-
body knows : how many stories were told to
bide that abominable murder, how many lias
there were about it, but it could not be sup*
pressed. The nation is awakened out of sleepy
and it concerns us now to look about us. But
all this while Mr. Coleman thought himself
safe, walked in the fields, goes shroud, jea-
loesv increasing, and he himself stilt secure.
The letters that are produced go but to some
part of the year 1675 : from 1675 unto 167S
all lies in the dark, we have no certain proof of
it; but we apprehend he had intelligence until
1678 ; that there were the same persons cos*
tinuing here, and bis company increasing here:
but this I speak but as probable, (hot very e»
ceeding probable) that there was other pasv
tares of intelligence between this person nod
other confederates.
It seems, my ford, that this Coleman waa
aware that he was concerned : but God blinded
and intonated him, and took away his reason.
It is no question bat he carried away some of
those papers ; those that were left behind, and
are produced, he fosgot and neglected; and
by that (my lord) those which are produced,
are evidence against him at this time. Surety
he thought we were in such a condition, that
had eyes and could not see, and ears that cosed
not hear, and understandings without undsr-
standing : for he was bold, and walked abroad,
and that until this prosecution was made upon
him, he endeavoured so murder the king,
change the government, make an alteration of
rehjpooi imfdmtrHCtion of Protestants, as Y*fH
STATB TOALS, *» Charuu II. IrJTeWbr jU%n Trt**m.
i will be
they wet* **■
t them in the
wilK doubt
Jones.) Muy it
as tks
paean ey
jenes by the date, tbnt
date's uame. And by
feet he m a greet traitor.
itl0m.Oes. (8tr
phase roar lovuahip, and you gentlemen of the
jury, the king's serjcamt bathopened the ge-
neral parte of enr evidence ; and we have
renee to fceesea task our evidence will be eery
S,aud will take ep much of yoor time;
lationio 1 shall spend no mere time in
oaeaing of it than it just necessary; And
isdeau, my lord, Mr. Coleman himself bath
jawed me orach of the labour, which otherwise
I atoeieiMT* bestowed; for he hath left such
elegant end copious narratives of the whole
etuge under his own hand, that the reeding
ef them will be better then any new one 1 con
(10
but, my lord, some short account I shall
fite joe, such as may shew you the course of
ear £ridence, nod will make our evidence,
ante it coaeee to be given, to be more inteW
%hie.
My lord, It wiil appear, that there hath been
far awny years last past a more than ordinary
eVuga and industry to brio*, in the Popish, and
emurpate the Protestant reKpon. I doubt not
bet uns design, in some measure, hath been
eontirtieg ever suce the* reformation, t<y the
Jcjssts, or some of their emissaries, but hath
•ten received interruption ; so that they have
proceeded sometimes more coldly, sometimes
nwre hotly : and I do think, at no time since
lbs n&nnetion, that ever this design was car-
ried en with greater industry, nor with fairer
bopsa of success, then for these last years.
sty lord. You will hear from oor witnesses,
that the eist onset, which was to be made
aeon as, was by whole troops of Jesuits and
priests, who were sent hither from the semina-
ries abroad, where they had been trained up in
all the sanctity nnd skill that was fit to work
anon the people.
Ifylevd, yon will hear how active they have
been, and what msmoations they used for the
perverting of particular persons. After some
lane spent in such attempts, they quickly grew
weary of that course ; though they got some
Proselytes, they were but few. Some bodies,
in whom there was a predisposition of humours,
ware isdectjpd, but their numbers were not
great. They at last resolve to take a more
espeditieun way ; for in troth, my lord, they
ceuM not far prevail by the former. And I
" ' with all »ny heart, that the bodies of Pro-
tuny be 'as much out of danger of the
. of their hands, as their understandings
wiH be of the force of their arguments, But,
are lord, arisen this way wonM not take, they
began eisen to consider they must throw It aU
at ewbe. No doubt but they would have been
glad, thnt the people of England had had but
one neck ; but they knew the people of England
baa) hot owe head, and therefore they were rev
sq^w) sterile at that.
My lord, yen will find, that there
moos of the principal Jesuits, of the meet able
head-pieces, who were to meet m April or May
last, to consult of very great things, of a molt
diabolical nature, no less than how to take
away the life of the king oar sovereign.
My lord, you will find (as is usually practised
hi such horrid conspiracies, to make aM secure,
that there was an oath of secrecy taken, and
that upon the Sacrament. You will find agree*
menu made, that this most wicked and hor-
rible design should be attempted. You wtt
find two villains were found among them, who
undertook to do this execrable work; and yon
will hear of the rewards they were to have:
money in case they did succeed, and masses
good store in case they perished; so that their
bodies were provided lor in case they survived,
and their souls if they died. My lord, What
was the reason they did not effect their design,
hot either that these villains wanted oppor-
tunity, or their hearts failed them when thev
came to put in execution this wicked design ?
Or, perhaps (which is most probable) it was
the Providence of God, which over-ruled them,
that this bloody design did not take its effect.
But these gentlemen were not content with
one essay, they quickly thought of another ;
and there ware four Irish-men prepared (men
of very mean fort ones, and desperate condV
tions), and they were to make the attempt no
longer since, than when the king was last at
Windsor.
My lord, I perceive by the Proofs, that these
last assassinates went down thither ; but it
came to pass (for some of the reasons afore*
said) that that attempt failed likewise.
My lord, These gentlemen, those wise
heads, who had met here in consultation, did
then, and long before, consider with themselves,
that so mat a cause as this was not to be put
upon the hazard of some few hands ; tney
therefore proposed forces, aids, and assistances,
both at home and abroad, to second this
wicked design, if it had succeeded as to the
person of the king ; and if that failed, then by
their foreign and domestic aids and assistances,
to begin and accomplish the whole work of
subverting our government and religion. And
here we must needs confess, as to the former
part of tbw Plot, which we have mentioned, I
mean the attempt upon the king's person, Mr.
Coleman was not the contriver, nor to he the
executioner; hut yet your lordship knows, m
all treasons there is no accessary, hot ever}
man is a princtpnl. And thus much we have)
against him, even as to this part of the deuign,
which will involve him in the whole eoih of it,
that Mr. Coleman consented to it, though his
band were not to do it Mr. Coleman encou-
raged a mrssenger to carry money down as a
reward of these murderers, that were at Wind-
sot; of this we have ntoof amrinst him, which
is sufficient. My lorn, Mr. Coleman, as a man
of greater abilities, is icscrved for gseater em*
ployments, and such wherein, I confess, sil his
wese httleeaough* There ware oego-
U] STATE TRIALS, *0 Charu* U W$^~ Trial qf&kWrd CoU*an, [\p
tiations lo be made with men abroad, money
|» be procured, partly at borne from friend*
here, and partly abroad from those that wished
them well : and ia all these negotiations Mr.
Coleman bad a mighty hand; and yon will
perceire by and by what a great progress he
made in them. This conspiracy went so far,
as you will bear it proved, that there were ge-
neral officers named and appointed, that should
command their new Catholic army, and many
were engaged, if not listed. Thee e were not
Only in England, but in Ireland likewise,
where arms and all other necessaries were pro-
vided, and whither great sums of money were
retained to serve upon occasion. But one
.thing there is, my lord, that comes nearest Mr.
Coleman : as there were military officers
named, so likewise the great civil places and
offices of the kingdom were to be disposed of;
I will not name to whom at this time, more
than what is pertinent to the present business.
This gentleman, such were his great abilities,
'the trust and reliance that his party had upon
him, that no less an office would serve his turn
than that of principal secretary of state ; and he
had a commission, that came to him from the
superiors of the Jesuits, to enable him to exe-
cute that great office. My lord, it seems
strange, that so great an office should be con-
ferred by no greater a man than, the superior
Of the Jesuit*. But if the pope can depose
kings, and dispose of kiugdoros, no wonder if
the superior of the Jesuits can by a power de-
legated from him make secretaries. It is not
certain what the date of this commission was,
nor the very time when be received it : but I
believe he was so earnest and forward in this
Plot, that he began to execute his office lone
before be had his commission for it ; for I find
by his letters, which are of a more early date,
that be had proceeded so far as to treat, with
father Ferryer, who was the French king's con-
fessor,, before he had actually received this
commission* You will understand by the let-
ters/which we shall produce, what he bad to
do with him, and what with the other con-
fessor that succeeded, Father La Chaise.
There were two small matters they treated of,
no less than the dissolving the parliament ; and
the extirpation of the Protestant religion. Nay,
you will find, and you, will bear enough, when
the letters come to be read, that Mr. Coleman
made many strokes at the parliament, be bad
no good opinion of them. And we cannot
blame him; for without all perad venture they
bad made, and I hope ever will make, strong
resistance agaiust such designs as these. But
« great mind he had to be rid of tbem ; and
be bad hopes of great sums of money from
abroad, if it had been to be done that way.
And it is very remarkable (and shews the
vanity of the man,) he had such an opinion of
the success of these negotiations, that be had
penned a declaration prepared by him, and
writ with his own hand, to be published in
print, upon tbe dissolution of the parliament,
to justify that action with rospy specious and
plausible reasons. As he did this without any -
direction, so he take* upon bun tn write a de-
claration, as in the name of thw king, without
the least shadow of any command to do it, so
he prepares a letter also in the name of the -
duke : and I would not affirm, unless I could
prove it, and that from his own confession,
(being examined before the lords upon oath)
that he had no manner of authority from the
duke to prepare such a letter ; and when it
was writteo and brought to the duke, it was) .
rejected, *»d the writer justly blamed for hie •■
presumption. By this you will perceive the *
forwardness of this man. Aud you must of
necessity take notice, that in his letters he took*
upon himself to manage afiairs, as authorised
by the greatest persons in the kingdom, yet
without the least shadow of proof that be was
by them impowered to do it.
My lord, you shall find, Mr. Coleman *
thought himself above all; and each was bis
own over-weening opinion of his wit and po-
licy, that he thought himself the sole and su-
preme director of all the affairs of the Catho-
lics. You will likewise perceive that he held,
intelligence with cardinal Norfolk,* with Fa-
ther Sheldon, and the pope's internuncio at
Brussels. And I cannot but observe out of
the proofs, that as we shall find Mr. Coleman,
very ambitious and forward in .all great affairs,
so be had a little too much eye to the reward p
he looked too much a-equint upon the matter
of money: his great endeavours were not so*
much out of conscience, or out of seal to hi*
religion, as out of temporal interest ; to him
gain was instead of godliness. And by me let-
ters to the French confessor M. La Chaise, it '
will be proved, that he got much money from.
the Catholics here, and some from abroad, but
still be wanted money. What to do i (I do
not mean the greater sum of 200,000/. to pron
cure the dissolution of the parliament, but
some SOyOOO/. only) to be expended by him
in secret service, I do not know what ac-.
count he would have given of it, if he had
been intrusted with it. But that he earnestly
thirsted after money, appeareth by most of ma
letters. t
My lord, you will observe, besides his in-
telligences, that be bad with father La Chaise,
and several others, one that deserves to bo
named, and that is his negotiation with sir
William Frogmorton, who was sent over into
France, and there resided a long time to pro-
mote these designs. He is dead; therefore
I will not say much of him, as I would say
against him, if lie was here to be tried. But,
my lord, I find in bis letters such treasonable^
such impious expressions against the king, sucn
undtttiful characters of him, that no good sub-
ject would write, and no good subject would
receive and conceal, as Mr. Coleman hath
done. My lord, it may pass for a wonder,
how we came to be masters of aU these pa-
pers ; it has in part been (old you already.
There was an information given of the ge-
neral design^nay of some of the particular*
tt) tfTATE TRIALS SO Charles
against the bag's life. And without al) petad-
veatare, Mr. Coleman knew of this discovery;
aed lie kaaw that he had papers that could
speak too attach, and he had time and oppor*
teaky enough to nave made them away; and I
make no question bat he did make many
•way. We are not able' to prove the conti-
naanoe of hie correspondence, so as to mate it
dearly out ; hot we suppose that continued
eetift urn day he was seised. And there is
this to be proved, that letters came for Mm,
ibongh we cannot say any were deHVefed to
aha, after lie was in prison. Bat without all
aeradtentare the man had too much to do, too
©any papers to conceal : then, you'll say, he
might have bornt them all (for many would
tarn as well as a few :) But then he had lost
aiucfa of the honour of a great statesman ;
many a line sentence, and many n deep in-
trigue bad been lost to alt posterity. I believe
that weowe~this discovery tosomethint of Mr.
Coalman's vanity : he would not lose the (dory
of managing these important negotiations about
to great a design : Hf thought it was no small
fcpatatioo to be intrusted with the secrets of
foreign ministers. If this was not his reason,
God (I believe) took away from him that clear-
aess of jodgtnent, and strength of memory,
which he had upon other occasions. *
My lord, I shall no longer detain yon from
reading the papers themselves. But I cannot
hot account tins kingdom happy, that these
p apsis are preserved. For (my lord) we are to
deal with a sort of men, that have that prodi-
gians confidence, that their words and deeds
(though proved by never so unsuspected testi-
mony) they will still deny. Bat (my lord) no
denial of this plot will prevail, for Mr. Cole-
man himself bath, with his own band, recorded
ths conspiracy: nad ve can prove bis hand,
noc oafy by Ins own servants, and relations, but
by Ins own confession. So that (my Lord) I
dnabt not, that if there be any of their own
nasty that hear this trial, they themselves will
be satisfied with the truth of these things. And
I believe we have an advantage in this case,
witch they will not allow us, in another
saatner ; namely, that we shall be for this once
permitted to believe our own senses. Our
Evidence coosssfeth of two parts : one is, wit*
i ftfoi, which we desire (with the fa-
ce* the oeurt) to begin with ; and' when
s 4kme, we shall read several letters or
negotiations, in writing, and so -submit the
to josjt lornShip^a direction.
Aa>. I bag leave that a poor ignorant man, •
o heavily charged. Atk it seems a 1 ittte
to consider the reason, why a prisoner,
s case as this is, is not allowed counsel ;
yomr lordship is supposed to be counsel for
Butt 1 think it very hand I cannot be
naV counsel; and I humbly hope your
krdabrp will not sotier ma to he lost by things
that myself cannot answer. I deny the con-
but the nrsaafltes are too strong and
It. \61B —for High Treason. [H
Sir WiU&m -Scrogg* LsC. J. i* on cannot
the premises, but that yon have done
these things: but you deny the conclusion,
that you are a traitor 4
Prit. I can safety and honestly. ' ' *
L. C. J. You would make a better Secre-
tary of State, than a logician ; for they neter
deny the conclusion.
JVit. I grant it year Lordship : yob *See
the advantage great men have of me, that do
not pretend to Logic.
£. C. J. The labour lies upon their
hands ; the proof belongs to them to make our
these intrigues of yours ; therefore von need!
not have counsel, because the proof must be
plain upon you,f and then it wnl be in vain to
deny the conclusion.
Pro. I hope, my lord, if there be any point
of law tbttt I am not skilled in, that your lord-
ship will be pleased not to take the advantage
over me. Another thing seems most dreadful,
tba\ is, the violent prejudice that seems to be
against every man in England, that is confessed
to be a Jtanan Catholic. It is possible that a
Roman Catholic may be very innocent of these
crimes. If one 6f those innocent Roman Ca*
tbolics should come to this bar, he lies under
such disadvantages already, and hb nrejodices
so greatly bfasseth human nature, tnat unless
your' lordship will lean extremely much on the
other side, justice will hardly stand upright;
and lie upon a level. But to satisfy your lord-
ship, I do not think it any service to destroy
any of the king's subjects, unless it be in a very
plain case.
L. C. J. You need not make any prepara-
tions for us in this matter, you shall have a fair,'
just, and legal trial : if condemned, it will be
apparent you ought to be so ; and without a
fair proof, there shall be no condemnation.
Therefore you shall find, we will not do to you,
as you do to us; blow up at adventure, kill peo- -
pie because they are not of your persuasion ;
our religion teacheth us another doctrine, and
you shall find it clearly to your advantage. We
seek no man's blood but our own safety. Put
you are brought here from the necessity of
things, which yourselves have made ; and from
your own actions you shall be condemned or
acouitted.
Frit. It is supposed upon Evidence, that'
the Examinations that have been of me in piv*
son, are like to be evidence against me how j I
have nothing to say against it : but give me
leave to say at this time, that when! was in
prison, I was upon my ingenuity charged ; I
----- — *
* See the character of this Chief -Justice as
drawn by Burnet, ante vol. 6, p. 1495. And
what opinion the House of Commons had of
him by their votes Dec. 25, 1680. See Cob-
hetr/s Pari. Hist. vol. 4. And see more of him
in a note to the trial of Mrs. Cellier for High
Treason, Jpne 81, 1680, infra.
t See the Note to Don Pauraleon Se'sCase,
ante, vol. 4, p. 466, and that fee Twyn's Cese^
eat*, vol. 6, p. frlS.
f
1J] STATE TRIALS* 30 Cju»l»s II. l6?«.-~4Ko! qf Edward Caiman, [16
premised I would confess all I knew. And I
only say tbis, That what t said in prison is true,
and am ready at any time to swear and evi-
dence, that that is all thejrutb.
L. C.J. It is all true thai you say ; but did
you tell all that was true?
- Pri$* I know no more, than what I declared
. to the two Houses.
£. C. J. Mr. Coleman, t will tell you when
you will be apt to gain credit in this matter :
you say, that too told all things that you knew,
the truth, and the whole truth. Can mankind
he persuaded* that you, that bad tbis negotiation
in 167* and 1675, left off just then, at that
time whea tout letters were found according to
their dates r do you believe, there was no ne-
gociation after 1675, because we have not found
them? have you spoke one word to that } have
yea confessed, or produced those papers and
weekly imellisjrace r when you answer that, you
may have credit ; without that, it is impossible :
for I cannot £ive credit to one word you sap
unless you give an account of the subsequent
qesjpcaation.
Prix. After that time (as I said to the House
of Commons) 1 did give over corresponding.
t did offer to take aH oaths and torts in the
world, that I never bad one letter for at least f
two years ; yea, (that I may keep myself within
compass) I tbiak it was for three or tour. Now
I have acknowledged to the House of Com-
mons, I have bad a cursory correspondence,
which 1 never regarded or valued ; but as the
letters. came, I burnt them, or made use of them
as common paper. I say, that for the general
correspondence I have had for two or three
years, they have bad every one of them letters
that I know of.
Alt. 0<n. Whether you bad or no, you shall
have the fairest trial that can be. And we
cannot blame the gentleman, for he is more
used to greater affairs, than these matters or
form* of law. Bui my lord, I desire to go
unto evidence, and when that is done, he shall
be heard, as long as he pleasetb, without any
interruption. It he desire it, before I give my
evidence, let him have Pea, Xok, and Paper
with your lordship's leave.
JL. Q. /. Help him to pen, ink, and paper*
Hccord. Then we desire tojp on in our evi-
dence. Wr desire tbat Mr. Qates may not be
interrupted*
. Court. He shall not be interrupted.
. Ati. Qtm* The Jfirst thing we will inquire,
what account he can give of the prisoner at tbe
bar, whether he was any way privy to the mur-
der of the king f
JL C- /• Afr. Qetes, we leave it to yourself
to take your own way, and your own method :
only this we say, here's a gentleman stands ait
the bar, fur his/tie ; and on the other side, Abe
king is concerned for his life :. you are to speak
the truth mid the whoje truth; for there as no
reason in the world thajt you should add any
oae thing that is false* I would not have a lit-
tle added for tffcy advantage, or consequences
that may fall, when a man'i Inood and life Ucth
at stake: let him be condemned by troth 5 yoer
have taken an oath, and you being a minister
know the great ragaad you ought to have of the
sacrednessot an oath ; and tbat to take a man's*
life away by a false oath is murder, I need 00c
teach you that. But that Mr. Coleman may
be satisfied in the trial, and all •eople else hi
satisfied, there is nothing required or expected,
bat downright plain truth, and without any arte
either to conceal, or expatiate, to make thtnge
larger tha»i in truth they are : he must be con-
demned by plain evidence of /act.
OaU$. My Lord, Mr. Coleman, in the month
of November last, did eatertaio in his own
houte John Keins, which John Keins was a.
Father-Confessor to certain persons that were
converted, asaoneat which I was one. My
Lord, I went and visited this John Keins at
Mr. Coleman's bouse then in 6table-yard. Mr.
Coleman inquiring of John Keius who I was ? He'
said I was one that designed to go over upon
business to St. Omen. My Lord, Mr. Coleman*
told me then he should trouble me with a letter
or two to St. Omers, bu| he told me he would
leave them with one Fenwick, that was procu-
rator for the society of Jesuits in London. I
went en Monday morning and took coach, went
to Dover, and bad his packet with me, which
packet when I came to St. Omers I opened.
The outside sheet of ibis paper was a letter of
news which was called Mr. Coleman's letter,
and at tbe bottom of this letter there was this
recommendation, Pray recommend me to my
kinsman Plavford. In this letter of news there
were expressions of the king, calling him tyrant,
and that the marriage between the prince .of
Orange and the lady Mary tlie duke of York's
eldest daughter would prove the traitor's and
tyrant's ruin.
JL C. J. In what language was it written ?
Oate$. In plain English words at length.
L. C. J. Pirected to whom ?
QalCf. It was directed fc> the Rector of St. •
Omers, to give him intelligence how affairs went
in England.
L. C. J. Did yon break it open ? >
Oate*. I was at the opening of it, and saw k,
and read it. There was a letter to Father La
Chaise, which was superscribed by the same
hand that the treasonable letter of news was
written, and the same hand that the recmnnseaoV
ation. to Playrord was wr ittcu . in. When this
letter was open there was .a seal fiat, a iying
seal, and no man's name to it.
JL C. J. What was the contents of that let-
ter to La Chaise?
Gate. My Lord, to.give,you an account, of
the import of this letter, k was autt in Latin,
aad in Jt there were shanks given to Father La>
Chaise for the 10,000/ which was jpven for the
propagation of the Catholic Religion, and that
it should he employed for no other intent And
purpose hex that for whichrt jvas sent, now that
was to cut off tbe king of .England ; those worda
were not in that letter;- bet. La Chaise letter,
to which tbis was tbe answer, I snw mii'd read.
It was dated the month of August, and as near
STATE TRIALS, 30 Charles II. \#7$—fbr High Treason.
17]
a* I remember there was this instruction in it,
That the 10,000/. should be employed far no
other latent and purpose bat to cot off the king
of England ; I do not swear the words, but that
is the sense and substance; I believe I may
swear the words.
X. C. J. To whom was that directed ?
Oofcs. To one Strange, that was then pro-
vincial of the society in London, which Mr.
Coleman answered.
L. C J. How came Mr. Coleman to an-
swer it ?
Oates. Strange having run a reed into his
finger, bad wounded his hand, and secretary
Mico was ill, so he got Mr. Coleman to write
an answer unto it.
L. C. J. Did be write it as from himself?
Gates. Yes, by order of the provincial.
L. C. J. What was the substance ef that
answer ?
Oates. That thanks was giren to him in the
name of the whole society for the 10,000/.
which was paid aod received here, and that
it should be employed to the intent for which
it was received. It was superscribed from
Mr. Coleman.
L. C. J. Was it subscribed Coleman ?
Gate*. It was not subscribed ; I did not
see him write it, but I really believe it was by.
the tame hand. I went and delivered this
[id
I* C.J. 1 understood you because of the
accident of his hand he had employed Mr.
Coleman to write this for him.
Oates. lie did write this letter then, the
body of the letter was written by Mr. Coleman.
I ail not see him write it, but I shall gi ve'an
account how I can prove be wrote it. I deli-
vered this Letter to La Chaise his own band.
When I opened the letter he asked me how
a gentleman (naming a French name) did
no.
L. C. J. When you carried this letter,
Too carried it to La Chaise and delivered it to
aim : then he asked you of the gentleman
ef the French name, whom meant he by t liat
Oates. I understood it to be Mr. Cole-
man.
L. C. J. Did he know him by some French
name ? What said you ?
Dales. I could say little to this.
L* C. /. Could you guess whom he
meant?
Oates. He told me he was sometime secre-
tary to the dutchess pf York, which I under-
stood to be Mr. Coleman. m I stuck at it, and
when he said he was sometime secretary to
the dutchess of York, I spoke in Latin to him,
and asked whether he meant Mr. Coleman, and
his answer T cannot remember. He sends an
answer to this letter. I brought it to St. Omers
and there it was inclosed in the letter from the
society to Coleman ; wherein the society
expressly told him this letter was. delivered
tad acknowledged. 1 saw the. letter at St.
Oners, and §** letter was sent to him.
tol. yiL
Mr. Coleman did acknowledge the receipt of
this letter from La Chaise in the same hand
with that of the newsletter, and so it was un-
derstood by all. I saw it.
L. C. J. How came you to see it ?
Oates. I by a patent from them was of
the consult.
L. C. J. You saw the letter of the same
hand which the news letter was of with Mr.
Coleman's name subscribed ?
Oates. The contents of the letter did own
the letter from La Chaise was received ; this'
letter whs presumed to be the hand-writing of
Mr. Coleman, aod it was understood to be Mr.%
Coleman's letter.
L. C. J. You say the letter was thanks for
the 10,000/. what was the other contents ?
Oates. That all endeavours should he used1
to cut off- the Protestant Religion root aud
branch.
L. C. J. You say you delivered this letter,
from whom had you it ?
Oates. From Fen wick, it was left m hi*
hand, and he accompanied me from Groves to
the coach, and gave it to me.
L. C. J. Did you bear him speak to Mr.
Coleman to write for him?
Oates. Strange told me he bad spoke to
him.
L. C. J. He doth suppose it was Mr. Cole-
man's hand because it was just the same hand
that the news letter was. Are you sure the
letter was of his hand ?
Gates. It was taken for his hand.
Justice Wild. Had he such a kinsman
there?
Oates. Yes, he hath confessed it.
Att. Gen. We desire your lordship he may
give an account of the consult here in May
last, and how far Mr. Coleman was privy to
the murdering of the king.
Oates. In the month of April old style
in the month of May new stile, there was '
a consult held, it was begun at the White-
Horse Tavern, it did not continue there. Al-
ter that there they liad consulted to send one
Father Cary to be agent and procurator to
Rome, they did adjourn themselves to several
clubs in companies ; some met at Wild-House,
and some at Harcourt's lodging in Duke-street
some met at Ireland's lodging in Russel-street ;
and some in Feu wick's lodging in Drury-Lane.
They were ordered to meei by virtue of a brief
from Rome, sent by the Father general of the
society : They went on to these resolves, that
Pickering and Groves should go on and con-
tinue in attempting to assassinate the king's
person by shooting, or other means. Groves
was to have 1,500/. Pickering being a religi-
ous man was to have 30,000 Masses, which at
1 %d. a mass amounted much w hat to that money..
This resolve of the Jesuits was communicated
to Mr. Coleman in my hearing at Wild-House.
My Lord, this was not only so, hut in several
letrers he did mention it ; and in one letter (I
think I was gone a few miles out of London)
he sent to me by a messenger, and did desire
C
I»J
STATE TRIALS, 30Cj*ar*es II. 1678 — Triat qf Edward Coleman, [«*
the duke might be trepanned into this Plot to
murder the king.
L. C. J. IIow did he desire it ?
Oatet. In a letter, that all means should be
ased for the drawing in the duke. This letter
was written to one Ireland. I saw the Letter
and read it.
L. C. J. How do you know k was his
letter ?
Oatet. Because of the instructions, which
I saw Mr. Coleman take a copy of and write,
which was the same hand with the news Utter,
and what else I have mentioned, the subscription
was, ' Recommend me to Father La Chaise ?'
and it was the same hand whereof I now
speak.
L. C. J. What was the substance of the
Letter ?
Oatet. Nothing but compliment, and re-
commendation, and that all means might be
used for the trepanning the duke of York (as
near as I can remember thnt was the word).
Just. Wild. You did say positively that Mr.
Coleman did consent and agree to what was
consulted by the Jesuits, which was to kill the
king, and Jrickeung and Groves were the two
persons designed to do it. Did you hear him
consent to it?
Oates. I heard him say at 'Wild-House, he
thought it was well contrived.
, Recorder. Do the gentlemen of the jury
henr what he saith ?
L. C. J. Gentlemen of the j ury , do you hear
what he saith ?
Jury* Yes.
Alt. Gen. What do yon know of any re-
WUioji to have been raised in Ireland ? and
what was to be done with the duke of Or-
mond?
„ Oates. In the month of August tliere was
a consult with the Jesuits, and with the Bene-
dictine monks at the Savoy. In this month of
August there was a letter writ from archbishop
Talbot, the titular archbishop of Dublin ;
wherein he gave au account of a legate from
the pope, an Italian bishop, (the bishop of Cas-
tay I think) who asserted the pope's right to the
kingdom of Ireland. In this letter (to men-
tion in special) there were four Jesuits bad con-
trived to dispatch the duke of Ormond, these
were his words, * To 6nd the most expedient
way for his death/ and Fogarthy was to he sent
to do it by poison, if these four good Fathers
did not hit of their design. Myl^rd, Fogarthy
was preseut. And when the consult was
almost at a period, Mr. Coleman came to the
Savoy to the consult, and was mighty forward
to have Father Fogarthy sent to Ireland to dis-
patch the Duke by poison. This letter did
specify they were there ready to rise in rebel-
lion against the king for the pope.
Alt. Gen, Do you know any thing of arms ?
Oates. There were 40,000 black bills, I am
not so skilful in arms to know what they meant
(military men know what they are) that were
provided to be sent into Ireland ; but they
ware ready, for the use of the catholic party.
L. C. J. Who were tbey provided by ?
Oates. I do not know,
L. C. J. IIow do you know they were pre*
vided ?
Oatet. That letter doth not mention who
they were provided by, but another letter men-
tioned they were provided by those that were
commission officers for the aid and help of the
pope ; the popish commissioners tbey were pro*
vided by, and they had them ready in Ire*
laud.
L. C. J. Who wrote this letter ?
Oatet. It came from Talbot, I might forget
the day of the month because my information
is so large, but it was the former part of the
year, I think either January or February, 1667-8*
last January or February.
L. C. J. Was this consult but in August
last ? .
Oatet. I am forced to run back from that
consult to this ; Mr. Coleman was privy, and
was the main agent, and did in the month of
August last past say to Fenwick, he hadfooud a
way to transmit the 200,000/. for the carrying
on of this rebellion in Ireland.
L. C.J. Did you bear him say so t
Oatet. I did, a week before.
L. C. J. You say be was very forward to
send Fogarthy into Ireland to kill the duke of
Ormond ?
Oatet. Yes, that I say ; and that he bad
found a way to transmit 200,000/. to carry on
the rebellion in Ireland.
Court. Who was by besides Fenwick I
Oatet. Myself and nobody else.
Court. Where was it said?
OaUs. In Fenwick's chamber in Dairy-
lane.
AU. Gen. Do you know any thing of trans-
mitting the money to Windsor, or persuading
any to be sent thither, and the time when ?
Oatet. In the month of August there were*
four ruffians procured by Dr. Fogarthy. These
four were not nominated in the consult with
the Benedictine Convent, but, my Lord, these
four ruffians without names were accepted of by
them.
Court. Who proposed them ?
Oatet. Fogarthy. These four Irishmen were
sent that night Jo Windsor. How they went I
know not, but the next day tliere was a pro-
vision of 80/. ordered to them by the rector of
London, which is a Jesuit, one William Har-
court, in the name of the provincial, because
he acted in his name and authority, the pro*
vincial being then beyond the seas, visiting hie
colleges in Flanders.
L. C. J. Did he order the 80/.
Oates. Mr. Coleman came to this Har*
court's house, then lying in Duke street, and
Harcourt was not within ; but he was directed
to come to Wild-bouse, and at Wild-house he
found Harcourt.
L. C. J. How do you know that ?
Oates. He said be had been at his house*
and was not within ; finding bun at Wild-bouse,
be asked what care was take* for those tour
*l]
STATS TRIALS, 30 Chaklbs II. 1078.— ^br HigA TWa*m.
Sntlemen that went lost night to Windsor ?
e said there was BO/, ordered.
JL C. J. Who said so ?
Oales. Harcourt. And there was the mes-
senger that was to carry it J think the most
part of this 80/. was in guineas : Mi*. Coleman
gave the messenger a guinea to be nimble, and
to expedite hisjourney.
L. C. J. How know you they were guineas ?
Octet. I saw die money upon the table be-
fore Harcourt, not in his hand.
I*. C. J. Were the four Irishmen there ?
Oates. No, they were gone before I came.
L. C. J. Who was to carry it after them,
what was his name f
Onto. I never saw him befoie or since.
The money was upon the table when Mr.
Coleman came in, he gave the messenger a
guinea to expedite the business.
Recorder. You say Mr. Coleman enquired
.what care was taken for those ruffians that
were to assassinate the king ; pray, Mr. Oates,
tell my Lord, and the jury, what you can say
concerning Mr. Coteman*s discourse with one
Ashby.
Oates. In the month of July, one Ash by,
who was sometime Hector of St. Omers, being
31 of the govt was ordered to go to the bath ;
this Ash by being in London, Mr. Coleman
came to attend him ; this Ash by brought with
him treasonable instructions, in order to dis-
patch the king by poison, provided Pickering
and Groves did not do the work: 10,000/.
should he proposed to sir George Wakeman to
poison the king, in case pistol and stab did not
take effect, and opportunity was to be taken
at the king's taking physic. T could give other,
evidence, bnt will not, because of other things
which are not fit to be known yet.
L. C. J. Who wrote this letter ?
Oates, ft was under hand of White the pro-
vincial beyond the seas, whom Ashby left ; it
was m the name of memorials to impower
Ashby and the rest of the consumers at London
to propound 10,000/. to sir George Wakeman
to take the opportunity to poison the king.
These instructions were seen and read by Mr.
Coleman, by him copied out, and transmitted
to several conspirators of the king's death, in
this kingdom of England, that were privy to
dm plot.
Recorder. Know vou of any commission?
We hare hitherto spoken altogether of the work
of others ; now we come to his own work a lit-
tle nearer.
L.C. J. Who saw Mr. Coleman read these
Instructions? What said he?
Oates. He said he thought it was too little, I
sard him say so.
JL C J. Did yoo see him take a copy of
e»e instructions f
Oates. Yes, and he said he did believe sir
George Wakeman wonld scarce take it, and
thought it necessary the other 5,000/. should
be added to it, that they might be sure to have
L.C.J. Where was it he said this ?
i
Oates. It was in the provincial's chamber,
which Ashby had taken for his convenience at
London, ontil he went down tp the hath ; it
was at Wild- house, at Mr. Sanderson's house.
L. C J. Ashby waseinpl >yed by his instruc-
tions to acquaint the consult of the Jesuits, that
there should be 10,000/. advanced, if Dr.
Wakeman would poison the king, now Ashby
comes and acquaints him with it. Why should
Coleman take copies ?
Oates. Because he was to send copies to
several conspirators in the kingdom of England.
L. C. J. To what purpose should Mr. Cole-
man take a copy of U>ese instructions ?
Oates. *The reason is plain ; they were then
a gathering a contribution about the kingdom,
and these instructions were sent that they might
he encouraged, because they saw there was en-
couragement from beyond seas to assist them.
And another reason was, because now they
were assured ^>y this, their business would
quickly he dispatched, and by this means soma
thousands of pounds were gathered in the king-
dom of England.
L. C. J. To whom was Mr. Coleman to send
them?
Oates. I know not of any persons, but Mr.
Coleman did say he had sent his suffrages
(which was a canting word for instructions) to
the principal gentry of the catholics of the
kingdom of England.
JL. C. J. How know you this, that Mr. Cola-
man did take a copy of these instructions for
that purpose, as you say?
Oates. Because he said so.
L. C. J. Did any body ask him why he took
them?
Oates. Saith A$hby, You bad best make haste
and communicate these things. Mr. Coleman
answered, I will make haste with my copies,
that I may dispatch them away this night.
Recorder. Was he not to he one of the prin*
cipal secretaries of state ?
Oates. In the month of May last New'Stile,
April Old Stile, I think within a day after our
consult, I was at Mr. Langhorn's chamber, be
had several commissions, which he called pa-
tents : Among his commissions, I saw one from
the general of the society of Jesus Joannes
Paulus D'Oliva, by virtue of a brief from the
pope, by whom he was enabled.
L. €. J, Did you know his hand ?
Oates. I believe I have seen it forty times, I
have seen forty tilings under his hand, and this
agreed with them, hut I never did see him write
in my life ; we all took it to be his hand and
we ail knew the hand and seal.
L. C. J. What inscription was upon the
seal ?
Oates. I.H.S. with a cross, in English it
had the characters of I. H. S. This com-
mission to Mr. Coleman in the month of July,
I saw in Fen wick's presence, and at his cham-
ber in Drury-lane, where then Mr. Coleman
did acknowledge the receipt of this patent,
opened it, and said; It was a very good ax-
change.
33] STATE TRIALS, 30 Chaules II. lG7B^rfrial qfEdvard Coleman, [24
X. C* J. What was the ooinmission for ?
Oates. It war to be secretary of state. I
saw the commission, and heard him own the
receipt of it.
Justice Wild. What other commissions were
there at Mr. Langhorn's chamber ?
Oates. A great many, I cannot remember,
there wns a commission for my lord Arundel of
Warder, the lord Powis, and several other per-
sons. But this belongs not to the prisoner
at the bar : I mention bis commission.
X. C J. Were you acquainted with Mr.
Langhorn?
Oalet. Yes, I will tell yonr lordship how I
was acquainted. I was in Spain, he had there
two sons; to shew them special favour and
kindness (being mere straugers at the College) I
did use to transmit some letters for them to the
kingdom of England in my pnequet. When 1
came out of Spain, I did receive recommenda-
tions from them to their father, and in great
^civility he received me. This was in Novem-
ber that I came to his house. He lived in Shear-
Jane, or thereabouts. I understood that his
wife was a zealous protectant; therefore he de-
tired me not to come any more to his bouse,
hut for the futuie to come to his chamber in
the Temple.
X. C. J. Had you ever seen Mr. Langhorn in
London before ?
Oates. I never saw him till Nov. 1677 to my
knowledge. I was several times in bis com-
pany at his chamber, and be brought me there to
shew me some kindness upon the account of
his sons. It was at the Temple) for his wife
being a protestant, was not willing any Jesuits
should come to the house. I was to carry him
a summary of all the results and particulars of
the consult at the White-horse and Wild-bouse.
The provincial ordered me to do it, he know-
ing me, being in that affair often employed.
a X/ C. J. Was it the second time you saw
him, that you saw the commissions ?
Gates. I saw him several times in the month
of November.
X. C. J. When did you see the commissions?
Oates. In the month of April, Old Stile ;
May, New Stile.
X. C. J. How came he to shew you the
commissions?
Oates. I I tearing of their being come, had a
curiosity to see them, and be knew me to be
privy to the concerns.
X. C. J. How did you know he had the
commissions?— Oates. By letters.
X. C. /. From whom ?
Oates. From those of the society at Rome,
wherein one Harcourt, one of the fathers, was
certified, that the commissions were come to
Langhorn, and were in his hand ; I saw the
letters at St Oners, before they came to Har-
court, we read the letters there before they
came to England. I had power to open them.
X. C. J. Did you open the letters ?
Oates. Yes.
L.C.J, When saw yoo the letters at St.
Omen?
Oates. I saw the letters at St. Omers in the
month of January ; then they came from Rome,
and after I received summons to be at this con-
sult in the mouth of April; and accordingly we?
came over.
X. C. J. What time did you come over ?
Oatei. In the month of April.
X. C. J. What time went you to Langhorn's
chamber? I cannot reconcile the months toge-
ther.
Jutt. Dolben. Did you not say you came to
Langhorn in November ?
Oates. Yes, before I went to St. Omers.
Just. Wild. How many came over with you?
Oates. I cannot tell how many came over
together; there wete nine of us, all Jesuits.
X. C. J. Did not you say you went to Lang-
horn in November?
Oates. That was before I went to St. Omers.
Att. Gen. Tell bow many priests or Jesuits
were lately in England, that you know afx at
one time ?
Oates. There was, and have been to my
knowledge in the kingdom of England, secular
priests eightscore, and Jesuits fourscore, and by
name in the catalogue, I think 300 and odd.
X. C. J, How long had you been in Eng-
land before you were at Mr. Langhorn's cham-
ber?
Oates. Not long ; because I had letters in
my packet from his sons, as soon as 1 had rested
a little, I went to him.
L. C. J. What said Mr. Langhorn to you
about the commissions in bis chamber ?
Oates. Not a word; but seemed glad.
X. C J. Did you see them open upon his
table? or did yoo ask to see them?
Oates. They did not lie open upon the ta-
ble, but the commissions were before him ; I
asked to see them. Mr. Langhorn (said 1) I
hear you have received the commissions from
Home ; he said, he bad. Shall I have the ho-
nour to see some of them ? He said I might :
he thought he might trust me; and so he might,
because that very day I gave him an account
of the consult.
X. C. J. When was it you gave him an ac-
count of the consult?
Oates. In the morning.
X. C. J. You say you were twice there that
day. — Oates. I was there the whole forenoon.
X. C. J. That day you saw the commissions?
Oates. I had been there several times the
same day, and meeting him at last, be asked
me how often I was there before, I said twice
or thrice; but that day was the last time I ever
saw him ; I bave not seen him since, to my
knowledge.
X. C. J. Was that the first time that you
saw him after you came from Spain?
Oates. I saw bim thrice in November, then
I went to St. Omers, the first time I saw him
after I came from thence, I saw the commis-
sions.
Att. Gen. What were the names of ihose
men that came over from St. Omers besides
yourself?
w\
STATE TRIALS, 50 Cham.es II. 1678.— /or High Treason.
[26
Ofcto. Am near as I can remember, the rec-
tor of Liege was one; Father Warren ; sirTho-
nnPwsum ; the rector of Walton ; one Fran-
cs Williams; air John Warner, bart.; one Fa-
ther Charges ; one Pool, a monk ; I think I
made the ninth.
Alt. Gea. If the prisoner at tbe bar be
aiadsd, be may ask him any question.
Pris. I am mighty glad to see that gentle-
wan sir Thomas Dolman in the Court, for I
think he was upon my Examination before tbe
council, and this man that gives now in evidence
against me, there told the king, he never saw
me before ; and he is extremely well acquainted
»iih me now, and hath a world of intimacy.
Mr. Oates at that time gave such an account of
ray concern in this matter, that I had orders to
go to Newgate, I never saw Mr. Oates since I
was born, but at that time.
L- C. J. You shall have as fair a search and
examination in this matter for your life as can
be, therefore, Mr. Oates, answer to what Mr.
Coleman saith.
Oaf ex. My lord, when Mr. Coleman was
upon bis examination before the council board,
he saith, I said there that I never saw him be-
fore in my life, I then said I would not swear
mat I had seen him before in my life, because
my sight was bad by candle-light, and candle-
light alters the sight much, but when 1 heard
bun speak I could have sworn it was he, but
it was not then my business. I cannot see a
great way bycaodle- light.
L. C. J. The stress of the objection lieth not
opon seeing so mud), but how come you that
yon laid no more to Mr. Coleman's charge at
that time?
Oates, I did design to lay no more to his
charge then, than was matter for information.
Por prisoners may supplant evidence when they
know it, and bring persons to such circum-
stances, as time and place. My lord, I was
not bound to give in more than a general infor-
mation against Mr. Coleman ; Mr. Coleman
aid deny he had correspondence with Father
La Chaise at any time, I did then say he had
given him an account of several transactions.
And (my Lord) then was I so weak, being up
two nights, and having been taking prisoners,
opon my salvation, I could scarce stand upon
jny legs."
L. C. J. What was the information you gave at
that time to the council against Mr. Coleman?
Oates. The information I gave at that time
(as near as I can remember, but I would not
trust to my memory) was for writing of news-
letters, in which I did then excuse tbe treasona-
ble reflections, and called them1 base reflections
at the Coondf-Board ; the king was sensible,
aud so was tbe council. I was so wearied and
tired (being all that afternoon before tbe coun-
cil, and Sunday night, and sitting up nigbt after
night) that the king was willing to discharge me.
But if I had been urged J should have made a
larger information.
Z. C. J. The thing you accused him of was
ton own letter,
Pris. 'He doth not believe it was ray letter.
L. C. J. Von here charge Mr. Coleman to
be the man that gave a guinea to expedite the
business at Windsor, 6cc. At the time when
you were examined at the council- table, you
gave a particular account of attempting to take
away the kind's life at Windsor, and raising
80,000/. and ail those great transactions; why
did you not charge Mr. Coleman to be the man
that gave the guinea to tbe messenger to expe-
dite the business, when the 80/. was sent ? That
he found out a way of transmitting 800,000/.,
to carry on the design ? He consulted the kill-
ing the king, and appro? ed of- it very well.
And of the instructions for 10,000/., be said it
was too little for to poison the kiog. When
you were to give an account to the council of
the particular contrivance of the murder of the
king at Windsor, with a reward, you did men-
tion one reward of 10,000/. to Dr. Wakemari,
and would you omit the guinea to expedite tbe
messenger, and that he said that 10,000/. was
too little; would you omit all this?
Oates. I being so tired nnd weak that I was
not able to stand upon my legs, and I remem-
ber tbe council apprehended me to be so weak
that one of the lords of the council said, that if
there were any occasion further to examine Mr.
Coleman, that Mr. Oates should be ready
again, and bid me retire.
L. C. J. You was by when the council were
ready to let Mr. Coleman go almost at large?
Oates. No ; I never apprehended that, for if
I did, I should have given a further account.
L. C. J. What was done to Mr. Coleman
at that time ? Was be sent away prisoner ?
Oates. Yes, at that time to the messenger's •
house, and within two days after be was sent to
Newgate, nnd his papers were seized.
L. C. J. Why did you not name Coleman
at that time ?
Oates. Because I had spent a great deal of
time in accusing other Jesuits.
Just. Wild. What time was there betwixt the
first time you were at the -council, before you
told of this matter concerning tbe king ?
Oates. When I was first at the board (which
was on Saturday night) I made information,
which began between 6 and 7, and lasted al-
most to 10. I did then give a general account
of the affairs to the council without the king.
Then I went and took prisoners, and before
Sunday night, I said, I thought if Mr. Cole-
man's Papers were searched into, they would
find matter enough against him in those papers
to hang him : I spake those words, or words to
the like purpose. After that Mr. Coleman's
Papers were searched, Mr. Coleman was not
to be found ; but he surrendered himself the
next day. So that on Sunday I was com-
manded to give his majesty a general informa-
tion, as I had given to the council on Saturday ;
and the next day again, I took prisoners that
night 5, and next night 4.
Just. Wild. How long was it betwixt the
time that you were examined, and spoke only
as to the letteis, to that1 time you told to th«
*7J
STATE TRIALS, SO Charles U. 1678 — Ttid o/ Edward Cdeman,
[28
Icing nnd council, or both of them, concerning
this matter you swear now ?
Oates. My Lord, 1 never told it to the king
and council, but I told it to the houses of par-
liament.
X. C. J. How long was it between the one
«nd the other?
Oatet. I cannot tell exactly the time; k was
when the parliament first sat.
X. C. /. How came, you (Mr. Coleman being
so desperate a man as he was, endeavouring
the killing of the king) to omit your informa-
tion of it to the council and to the king at both
times?
Oates. I spoke little of the persons till the
persons came face to race.
X. C. X Why did you not accuse all those
Jesuits by name?
Gates. We took a catalogue of their names,
but those I did accuse positively and expressly
we took up.
L. C.J. Did you not accuse sir George
Wakeraan by name, and that he accepted his
reward ?
Oatet, Yes, then I did accuse him by name.
X. C. X Why did you not accuse Mr. Cole-
man by name ?
- Otitis. For want of memory ; being disturb-
ed and wearied in sitting up two nights, I could
not give that good account of Mr. Coleman,
which I did afterwards, when I consulted my
Papers; and when I saw Mr. Coleman was*
secured, I had no need to give a farther ac-
count.
X. C. J. How long was it between the first
charging Mr. Coleman, and your acquainting
the parliament with it ?
Oates. From Monday the SOth of Septem-
ber, until the parliament sat.
X. C. X Mr. Coleman, will yon ask him any
thing?
Pris. Pray ask Mr. Oates, whether he *as
not as near to me as this gentleman is, because
vie spetiks of his eyes being bad?
Oates. I had tho disadvantage of a candle
upon my eyes; Mr. Coleman stood more in
the dark.
Pris. He names several times that he met
with me ; in this place and that place, a third
*nd fourth place about business.
Oates, He was altered much by his periwig
«n several meetings, and had several periwigs,
•and n periwig doth disguise a man very much ;
tat when I heard him speak, then I knew him
to be Mr. Coleman.
X. C. X Did you hear him speak ? How
were the questions asked? Were they thus?
Was that the person ? Or, how often had you
•een Mr. Coleman ?
Oatm. Whan the question was asked by my
lord chancellor, Mr. Coleman, when where you
last in France? He said, At such a time. Did
yott tee father La Chaise? He said he gave him
an accidental visit. My lord chancellor asked
trim whether or no be had a pass ? He said,
No. Then be told him, that was a fauh for
going ovttfthekiojptaa without epm. Have
you a kinsman whose name is Playford, at St.
Orners? He said he had one teo years old,
(who is in truth sixteen) Thai question I desired
might be asked. Then the king hade me go on.
X. C. X Did Hie king, or council, or lord
chancellor ask you whether you knew Mr.
Coleman, or no?
Oates* They did not ask me.
X. C. J. Mr. Oates, Answer the question
in short and without confounding it with length.
Were you demanded if you knew Mr. Coleman ?
Oates. Not to my knowledge.
X. C. X Did you ever see him, or how often ?
Pris. He said, he did not know me.
X. C. X" You seemed, when I asked you
before, to admit, as if you had been asked this
question, how often you had seen him, und gave
me no answer, because you were doubtful
whether it was the man, by reason of the in-
convenience of the light, and your bad sight.
Oates. I must leave it to the king what an-
swer I made Mr. Coleman; he wonders I
should give an account of so many intimacies,
when I said 1 did not know him at the council-
table.
Pris. It is very strange Mr. Oates should
swear now, that he was so well acquainted with
me, and had been so often in my company,
when upon his accusation at the council-table,
he said nothing of me more than the sending of
one letter, which he thought was my hand.
Oates. I did not say that.
Pris. And he did seem to saynhere, he
never saw me before in his life.
X. C. X Was he asked whether be was ac-
quainted with you ? (for those words are to the
same purpose.)
Pris. I cannot answer directly, I do not
say lie was asked, if he was acquainted with
me, but I say this, that he did declare he did
not know me!
X. C. J. Can you prove that?
Pris. I appeal to sir Tho. Dolman, who is
now in Court, and was then present at the
Council- table.
X. C. J. Sir Thomas, yon are not upon
your oath, but are to speak on the behalf of
the prisoner : What did he say ?
Sir Tho. Dolman. That he did not well
know him.
X. C. X Did he add, that he did not well
know hhn by the candle-light ? But Mr. Oates,
when you heard hit voice, you said yon knew
him ; why did you not come then, and say you
did well know him ?
Oates. Because I was not asked.
X. C.J.,, But, sir Thomas, did he say he did
not well know him after Mr. Coleman spake?
Was Mr. Coleman examined before Mr. Oates
spake?— Sir T. Dolman. Yes.
X. C. X Mr. Oates, you say yon were with
him at the* Savoy and Wild House, pray, sir
Thomas, did he say he did not know hm% or
had seen Mr, Coleman there ?
Sir T. Dolman. He did not know him at
he stood there.
X. C. X ' Knowing, or not knowing, is not
*]
STATE TRIALS, SO Charles II 1073.— Jot High Treason.
[*>
tW present question ; but did he make an an-
swer to the knowing or not knowing him ?
Just. Doffrtn. Did he say he did not well
know Mr. Coleman, or that he did not well
know that man ?
Sir T. Dolman. He said he bad no ac-
quaintance with that nao (to the- best of my
remembrance).
L, C. J. Sir Robert Southwell, you were
present at Mr. Oates bis examination before
the Council ; in what manner did he accuse
Mr. Coleman then?
Sir R. Southwell. The question is so parti-
cular, I cannot give the Court satisfaction ; but
other material things then said are now omitted
bj Mr. Oates ; for he did declare against sir
Geonse Wakeman, that 5,000/. was added, in
all 15,000/1, and that Mr. Coleman paid five
of the fifteen to sir George in hand.
L. C. J. This answers much of the objection
■poo him. The Court has asked Mr. Oates
bow be should come now to charge you with
all these matters of poisoning and killing the
kiag, and yet he mentioned yon so slightly at
the Council- tabic ; but it is said by sir Robert
Southwell he did charge you with 5,000/. (for
poisoning the king) to be added to the 10,000/.,
and be charged you expressly with it at the
Council- table.
Pris. The charge was so slight against me
by Mr. Oates, that the council were not of his
opinion : For the first order was to go to New-
gate, and sir R. Southwell came with directions
to the messenger not to execute the order. I
humbly ask whether it was a reasonable thing
to conceive that the council should extenuate
the punishment, if Mr. Oates came with such
an amazing account to the council.
Sir Jfc. South. Mr. Oates gave so large and
general an information to the council, that it
could not easily be fixed. Mr. Coleman came
voluntarily in upon Monday morning. The
warrant was sent out on Sunday night for Mr.
Coleman and his papers; His papers were
found and seized, but Mr. Coleman was not
found at that time nor all night, but came on
Monday morning voluntarily, and offered him-
self at sir Joseph Williamson's bouse, hearing
there was a warrant against him ; By reason
of so many prisoners that were then under
examination, he was not heard till the after-
noon, and then he did with great indignation
and contempt hear these vile things, at thinking
himself innocent.
Pris. U I thought myself guilty, I should
have charged myself: I hope his majesty, upon
what hath been said, will be so far satisfied as
to discharge me.
Sir R. South. Mr. Coleman then made so
good a discourse for himself, that though the
lords bad filled up a blank warrant to send him
to Newgate, that was respited, and he was
only committed to a messenger. I did say to
the messenger, Be very eivil to Mr. Coleman,
for things are under examination, but you must
leep barn safety. Seith the messenger, Pray
let me have a special warrant, that deth dis-
pense «ith the warrant J had to carry him to
Newgate, and such a warrant be had. The
king went away on Tuesday morning to New-
market, and appointed a particular committee
to examine the papers brought of Mr. Coleman
and others. His papers were found in a deal
box, and several of these papers and declara-
tions souuded so strange to the lords, that they
v\f re amased; and presently they signed a war-
rant for Mr. Coleman's going to Newgate.
L. C. J. Did Mr. Oates give a roaad charge
against Mr. Coleman? %
Sir R. South. He had a great deal to do,
he was to repeat in the afternoon on Sunday
when the king was present, all he had said to
the lords on Saturday. He did say of Mr.
Coleman, that he had corresponded very wick-
edly and basely with the French king's Coufessorf
and did believe if Mr. Coleman's papers were
searched, there would be found in them that
which would cost him his neck. And did de-
clare that the 15,000/. was accepted for the
murder of the king, and that. 5,000/. was actu-
ally paid by Mr. Coleman to sir George Wake*
man. But Mr. Oates at the same time did
also declare that he did not aee the money
paid, he did not see this particular action of sir
George Wakemaa, because at that time he had
the stone, and could not be present.
Oates. I was not present at that consult
where tlie 15,000/. was accepted, but I had an
account of it from those that were present;
L. C. J. It appears plainly by this testi-
mony, that he did charge you Mr. Coleman
home, that 15,000/. was to be paid for poison-
iug the king ; and that it was generally said
among them (though he did not see it paid)
that it came by your hands, viz. 5,000/. of it ;
which answers your objection as if he had not
charged you, when you see he did charge yon
home then for being one of the conspirators, in
having a hand in paying of money for poisoning
the king: he charges you now no otherwise
than in that manner : he doth not charge you
now as if there were new things started, but
with the very conspiracy of having a hand in
paying the money for murdering the king.
What consultation was. that vou had at the
Savoy, in the month of August?
Oale*. It was about the business of the four
Irish ruffians proposed to the consult.
The End of Mr. Oates's Examination.
Mr. Bedlotfs* Examination.
Sir Francis Winningioii, (Sol. Gen.) We
will call him to give an account what he knows
of the prisoner's being privy to the conspiracy
of murdering the king (particularly to that).
Mr. Bedlow, pray acquaint my lord and the
jury what you know, I desire to know parti*
cularly as it concerns Mr. Coleman, and no-
thing but Mr. Coleman.
»« II.IU
* See the Examinations of this witaees taken
before a Committee of the House of Lords, and
in his last sickness before Chief Justice North,
vol 6, p. 1403.
Si] STATE TRIALS, 30 Charles II. 1678.— Trial of Edward Coleman, [J»
L. C. J. Mr. Attorney, pray keep to that
question close.
Att. Gen. I have two short questions to ask
bim : the first is, what he bath beeo or heard
touching any commission, to Mr. Coleman,
what sav you ?
Mr. ikdlow. In particular I know not of
any commission directed to Mr. Coleman, I
do not know any thing of it but what sir Henry
Tichbourn told mc, that Ire had a commission,
and he brought* commission for Mr. Coleman
and the rest of the lords, from the principal
Jesuits at Rome, by order of the pope.
Att: Gen. A commission for what ?
Bcdlow. To be principal secretary of state :
the title of it I do not know because I did not
see it, but to be principal secretary of state,
that was the effect.
Att. Gen. I desire to know what discourse
you had with Mr. Coleman about that design.
• Bedlam. If your lordship please, I shall be
short in the narrative.
L. C. J. Make use of your notes to help
your memory, but let not your testimony be
leerely to read them.
Bedlom. I carried over to M. La Chaise (the
French king's confessor) a large pacquet of
letters, April 1675, from Mr. Coleman, which
letters I saw Mr. Coleman deliver to Father
liarcourt, at his house in Duke-Street.
Council. And Harcourt gave them to you ?
Bed tow. Yes ; which letters were directed to
be delivered to M. La Chaise, and I did carry
them to La Chaise, and brought him an answer
from La Chnise, and other English monks at ■
Paris : I did ,uot understand what was in it,
because it was a language 1 do not well under-
stand ; it was about carrying on the Plot ; at
a consultation there were present two French
abbots and several English monks at Paris ;
what I heard them say, was about carrying on
the Plot to subvert the government of England,
to destroy the king aud the lords of the coun-
cil. The king was principally to be destroyed,
aud.the government subverted as well as the
Protestant religion.
Court. When was this ? when you were to
receive the answer?
Bedlom. It was upon the consultation : there
was a pacquet of Jetters from Mr. Coleman,
they did not know I understood French, or if
they did, they had tried me so long I believe
they would have trusted me.
L. C. J. The letter that La Chaise wrote, to
whom was it directed ? *
"Bedlam. It was directed to Mr. Coleman,
the pacquet was directed to Harcourt, and
within that La Chaise wrote an answer and
directed it to Mr. Coleman, particularly to
Mr. Coleman.
L. C. J. How do you know?
Bedltm. The Superscription was this [in
French, A M. Coleman]. To Mr. Coleman ;
with other letters directed to Father Harcourt.
X. C. J. He saith plainly the letter was
Tours. You gave Harcourt a pacquet of
letters to be delivered to La Chaise, liarcourt
3
delivered them to him, and he did carry them
to La Chaise, aud heard them talk about this
Plot : that La Chaise wrote a letter to you (par-
ticularly by oame) inclosed in a letter to liar-
court ; that answer he brought back.
Recorder. Do you know any thing concern-
ing any money Mr. Coleman said lie had re-
ceived ? the sums, and for what ?
Bcdlow. It was to carry on the design to
subvert the government of England, to free
Eugland from damnation and ignorance, and
free all Catholics /rom hard tyranny and op-
pression of Heretics.
Att. Gen. What words did you hear Mr.
Coleman express, what he would do lor the
Catholic cause?
Bcdlow. May J4, or 25, 1677, 1 was at Mr.
Coleman's with Mr. Harcourt, and received
another pacquet from Mr. Harcourt, and he
had it from Mr. Coleman.
L. C. /. You say, Mr. Coleman did give
this pacquet to Harcourt ?
Bcdlow. Yes, and Harcourt delivered it to
me to carry it to Paris to the English monks.
I was to go by Doway to see if they were not
gone to Paris before me.
L. C. J. And what did they say- when you
delivered the letters to the English monks ?
Bcdlow. They told me how much reward I
deserved from the pope and the church, both
here and in. the world to come. I overtook
three, and that night I went to Paris with
them ; aod upon the consultation, 1677, 1 be-
lieve they sent the bishop of Tomes the sub-
stance of those letters ; and not having a final
Answer what assistance the Catholic party in
England might expect from them, they were
resolved to neglect their design no longer thaa
that summer, having ail things ready to begin
in England.
Recorder. What did you bear Mr. Cole-
man say?
Bcdlow. That he would adventure any thing
to bring in the Popish religion : afier tue con-
sultation, I delivered the letters to La Faire,
and be brought them to Harcourt, he delivered
the pacquet of letters to Harcourt, who was not
well, but yet went and delivered them to Mr.
Coleman, and I went as far as Mr. Coleman's
house, but did not go in, but stayed over the
way ; but Harcourt went in, and after he had
spoke with Mr. Coleman, he gave me a beck
to come to bim ; and I heard Mr. Coleman
say, If be had a hundred lives, and a sea of
blood to carry on the cause, he would spend it
all to further the cause of the Church of Rome,
aod to establish the Church of Rome in Eng-
land : and if there was an hundred Heretical
kings to he deposed, he would see them all de-
stroyed.
£. C. J. Where was this ?
Bcdlow. At his own house.
L.C.J. Where?
Bedim*. Behind Westminster Abbey.
X. C. /. In what room ?
Bedlam. At the foot of the stair-case*
L. C. /. Where were you then ?
«1
STATE TWAiS, SO Chaiu.es I(. 1078.-: far High Tmsan.
[*>
tto present question ; but did be make an an-
sae* to rbe knowing or not knowing him?
Just. Dotyn. Did he say he did not well
know Mr. Coleman, or that he did not well
know that man ?
Sir T. Dolman. He said he bad no ac-
quaintance with that nan (to the beat of my
remembrance).
L C. J. Sir Robert Southwell, you were
present at Mr. Oates hit examination before
the Council; in what manner did he accuse
Mr. Coleman then?
Sir R. Southwell. The question is so parti-
* eolar, I cannot gire the Court satisfaction ; but
other material things then said are now omitted
bj Mr. Oates ; for he did declare against sir
George Wakeman, that 5,000/. was added, in
all 15,000/., and that Mr. Coleman paid five
of i he fifteen to sir George in hand.
L C. J. This answers much of the objection
■poo him. The Court has asked Mr. Oates
bow be should come now to charge you with
ail these matters of poisoning and killing the
king, and yet be mentioned you so slightly at
the Council-table ; but it is said by sir Robert
Southwell he did charge you with 5,000/. (for
poisoning tlte king) to be added to the 10,000/.,
sod be charged you expressly with it at the
' Council- table.
! Pris. The charge was so slight against me
by Mr. Oates, that the council were not of his
opinion : For the first order was to go to New-
gate, and sir R. Southwell came with directions
to the messenger not to execute the order. I
humbly ask whether it was a reasonable thing
to conceive that the council should extenuate
the punishment, if Mr. Oates came with such
so amtsug account to the council.
Sir R, South. Mr. Oates gave so large and
general an information to the council, that it
tooid not easily be fixed. Mr. Coleman came
Yolontarily in upon Monday morning. The
warrant was sent out on Sunday night for Mr.
CoJenaa and his papers; His papers were
found and seized, but Mr. Coleman was not
found at that time nor all night, but came on
MoodBj morning voluntarily, and offered him-
self at sir Joseph Williamson's bouse, hearing
there was a warrant against him : By reason
of so many prisoners that were then under
examination, he was not heard till the after-
noon, and then be did with great indignation
sad contempt hear these vile Uungs, as thinking
bisnself innocent.
Pris. If I thought myself guilty, I should
bswj charged myself: I hope his majesty, upon
•hat hath been said, will be so far satisfied as
to discharge me,
Sir R. South. Mr. Coleman then made so
Ka discourse for himself, that though the
had filled op a blank warrant to send him
to Newgate, that was respited, and he was
oaly committed to a messenger. I did say to
the messenger, Be very eivil to Mr. Coleman,
for things are under examination, but you must
leep bssm safely. Saith the messenger, Pray
let me hate a special variant, that deth dis-
pense with the warrant I had to carry him to
Newgate, and such a warrant he had. The
king went away on Tuesday morning to New-
market, aud appointed a particular committee
to examine the papers brought of Mr. Coleman
aud others. His papers were found in a deal
box, and several of these papers and declara-
tions souuded so strange to the lords, that they
wtre ainased; and presently they signed a war-
rant for Mr. Coleman's going to Newgate.
L. C. J. Did Mr. Oates give a round charge
against Mr. Coleman? *
Sir R. South, lie had a great deal to do,
he was to repeat in tlie afternoon on Sunday
when the king was present, all he had said to
the lords on Saturday. He did say of Mr.
Coleman, that he bad corresponded very wick-
edly and basely with the French king's confessor,
and did believe if Mr. Coleman's papers were
searched, there would be found in them that
which would cost him his neck. And did de-
clare that the 15,000/. was accepted for the
murder of the king, and that -5,000/. was actu-
ally paid by Mr. Coleman to sir George Wake-
man. Hut Mr. Oates at the same time did
also declare that he did not see the money
paid, he did not see this particular action of air
George Wakemaa, because at that time he had
the stone, and could not be present.
Gate*. I was not present at that consult
where the 15,000/. was accepted, but I had an
account of it from those that were present
X. C. J. It appears plainly by this testi-
mony, thai be did charge you Mr. Coleman
liome, that 15,000/. was to be paid for poison-
ing the king ; and that it was generally said
among them (though he did not see it paid)
that it came by your hands, via. 5,000/. of it ;
which answers your objection as if he had not
charged you, when you see he did charge yon
home then for being one of the conspirators, m
having a hand in paying of money for poisoning
the king: he charges you now no otherwise
than in that manner : he doth not charge you
now us if there were new things started, but
with the very conspiracy of having a hand in
paying the money for murdering the king.
What consultation was. that you had at the
Savoy, in the month of August?
Oa(e$. It was about the business of the four
Irish ruffians proposed to the consult.
The End of Mr. Oates's Examination.
Mr. Bedlam's* Examination.
Sir Francis Wianingtoit, (Sol. Gen.) We
will call him to give an account what he knows
of the prisoner's beiug privy to the conspiracy
of murdering the king (particularly to that).
Mr. Bedlow, pray acquaint my lord and the
jury what you know, I desire to know parti-
cularly as it concerns Mr. Coleman, and no-
thing but Mr. Coleman.
* See the Examinations of this witness taken
before a Committee of the House of Lords, and
in his last sickness before Chief Justice North,
voL 6, p. 1403.
MB
35J STATE TRIALS, tfO Charles II.
Att. Xren. Inform the court whether he
kept any book, to make entry of letters he sent
or received ? .
Boatman. Yes, there was a large book my
master did enter his letters in, and bis news.
Att. Gen. What is become of that book i
Boatman, I know not.
Att. Gen. When did you see that book
last, upon your oath ?
Boatman. On Saturday.
Att. Gen. How long before he was sent to
pri&on ?
Boatman. Two days, because the «eit day
was Sunday, when he di4 not make use of it :
On Monday my master was in prison, and I
did not mind the book.
L. C. J. Were there any entries of letters
in that book within two years last past r*
Boatman. I cannot- be positive.
Ait. Gen. Did he not usually write and re-
ceive letters from beyond sea? Till that time
had be not negociation as usually ?
Boatman. He had usually news every post
from beyond the seas.
Pro. There is letters from the Hague,
Brussels, France and Rome ; they are all with
the council, which were all the letters I re-
ceived. '
Att. Gen. We hare another witness : Cat-
taway, are you acquainted with Mr. Coleman's
hand writing ? Do you believe it to be his hand
writing ?
Witneu. I believe it is, they are his hand-
writing.
Att. Gen. It will appear, if there were no
no other proof in this cause, his own papers
are as good as an hundred witnesses to con-
demn him : Therefore I desire to prove them
fully by his own confession.
Sir Phil. Lloyd, a witness. These are the
papers I received from sir Thomas Dolman ;
I found thorn (as he saith) in a deal box;.
Among his papers I found this letter. . Mr.
Coleman hath owned tUia was his hand- writing ;
it is all one letter.
Alt. Gen. It is all the same hand, and he
acknowledged it to be his.
Mr. Recorder. I desire Mr. Astrey may read
it so that the Jury may bear it.
Mr. Astrey, Clerk of the Crown, reads toe
letter.
The 99th' of September (1675.) It is sub-
scribed thus; " Your most humble and most
obedient Servant," but no name.
Mr. Coleman's Long Letter.
" Since Father St. German has been so
kind to me, as to recommend me to your re-
verence so advantageously, as to, encourage
you to accept of my correspondency ; I, will
own to him that be has dune me a favour without
consult! ok me, greater than I could have been
capable of if he had advised with me ; because
I could not then have had the confidence
to have permitted him to ask it on my be-
lialf. And I am so sensible of the honour
you are pleased to do me, that though I cannot
7
1078. — Ttial of Edward Coleman,
186
deserve it, yet to shew at least- the sense I
have of it, I will deal its freely and. openly with
you this first time, as if I had had the honour
of your acquaintance all my life; and shall
make no apology for so doing, but only tell
you that I know your character perfectly well,
though I am not so happy as to kuow your per-
son; and that I have an opportunity of putting
this letter iota the hands of Father St. Ger-
man's nephew (for whose integrity and pru-
dence he has undertaken) without any sort of
hazard.
" In order then, sir, to the jilaionessl pro-
fess, I will tell you what «4*jus formerly passed
between your reverence's predecessor, Father
Ferrier, and myself. About three years ago,
when the king ray master pent a troop of horse*
guards into his most Christian .majesty's ser-
vice, under the command of my lord Dura**,
he sent with it an officer called sir William
Throckmorton, with whom I had a particular
intimacy, and who bad then very newly em-
braced the Catholic religion : to him did 1 con-
stantly write, and by him address myself to
Father Ferrier. The first thing of great im-
portance I presumed to offer him (not to
trouble you with lesser matters, or what passed
here before, and immediately after the fatal
revocation of the king's declaration for liberty
of conscience, to which we owe all our miseries
and hazards,) was in July, August, and Sep-
tember 1673, when I constantly inculcated the*
great danger Catholic religion and his most
Christian majesty's interest would be in a tour
next sessions of parliament, which was then to
be in October following ; at which I plain J y
foresaw that the king my master would be
forced to something in, prejudice to his alliance
with France, which I saw so evidently and
particularly that we should make peace with
Holland ; that £ urged all the arguments I
could, which to me were demonstrations, to
convince your court of {hat mischief; and
pressed all I could to persuade his most Chris-
tian majesty to use his utmost endeavour to pre-
vent that session of our parliament, and proposed
expedients how to doit: but I was answered so
often and so positively, that his most Christian
majesty was so well assured by his ambassador
here, our ambassador there., the lord Arlington*
and even the kiug himself; that he had no suck
apprehensions at ail, but was fully satisfied of
the contrary, and looked upon what I offered
as a very zealous mistake, that I was fosced to
give over arguing, though not believing as I
did ; but conndeutly appealed to time and suc-
cess to prove who took their measures rightest.
When it happened what I foresaw came to
pass, the good Father was a little surprised, to
see all the great. men mistaken, and a little one
in the riaht; .and was pleased by sir William
Throckmorton to desire the continuance of
' my correspondence, which I was mighty witl-
ing to comply with, knowing the interest of our
king, and in a more particular manner of my
more immediate master the duke, and bis moat
Christian majesty, to be so inseparably unitea*
3T]
STATE TRIALS, 30 Charles II. 1678.— /or High Treason.
[»
that it was impossible to divide them, without
dauojing them all : upon this I shewed that
ov parliament io the circumstances it was
nonaged, by the timorous counsels of our mi-
nisters, who then governed, would never be
ssefnl either to England, France, or Catholic
itiigiof), but that we should as certainly be
forced from our neutrality at their next meet-
ing, as we bad been from our active alliance
ftitli France the last year : that a pence in the
circumstances we were in, was much more to
be desired than the continuance oi' the war ;
and tint the dissolution of our parliament
W9»W certainly procure a pe*ce ; for that the
confederate! -did more depend upon the power
they had in our parliament, than upon any
thing else in the world ; and were more en-
counted from them to the continuing of the
war; so chat if they were dissolved, their mea-
sures would be all broken, and they conse-
quent!? in a manner necessitated to a peace.
"The good rather minding this discourse iome-
%hat more than the court of France thought fit
to do my former, urged it so home to the king,
that his majesty was pleased to give him orders
to signify to his royal highness my master,
that his majesty was fully satisfied of his royal
aigimess'sgood intention towards him, and that
he esteemed both theft interests but as one
tnd the same; that my lord Arliugton and
at parliament were both to be looked upon as
very onusefut /o their interest : That if his royal
highness would endeavour to dissolve this par-
liament, his most christian majesty would as-
sist him with his power and purse, to have
anew one as should he for their purpose. This,
tad a {rreat many more expressions of kindness
sad confidence, Father Ferrier was pleased to
comtDooicate to sir William Throckmorton, and
oovfnanded him to send them to his royal
highness, and withal to beg his royal
jugnoess to propose to his most christian ma-
jesty, what be thought necessary for his own
concern, and the advantage of religion, and his
majesty would certainly do all he could to ad-
nnce both or either of them. This sir William
Throckmorton sent to me by an express, who
left Paris the 2d of June 1674, Stiio novo: 1 no
sooner had it, but I communicated it to bis
Bt H. To which his R. H. commanded me
to answer, as I did on the 29th of the same
Booth : That his fi. H. was very sensible of
as most christian majesty's friendship, and that
nevoold labour to cultivate it with all the good
offices be was capable of doing for his majesty ;
tatt he was fully convinced that their interests
n«e both one, that my lord Arlington and the
parliament were not only unuseful, but very
dsngerous both to England and France : that
therefore it was necessary that they should do
*U theycould to dissolve it. And that his royal
kighneWa opinion was, that if bis most christian
majesty would write bit thought* freely to the
«ng of Eogland upon this subject and make
aSe same proffer to his majesty of bis purse to
fmolre this parliament, which, he had made to
us rojal highness to call another, he did believe
it very possible for him to succeed, with the as-
sistance we should be able to give him here ;
and that if this parliament were dissolved,
there would be no great dilticulty of getting a
new one, which would be more useful : the con-
stitutions of our parliaments being such, that a
new one can never hurt the crown, nor an old
one do it good.
44 His royal highness being pleased to own
these propositions, which were but only ge-
neral, I thought it reasonable to be more par*
(iculnr, and come closer to the point, that we
might go the faster about the work, and come
to some resolution before the time was too far
spent.
" I laid this for my maxim : the dissolution
of our parliament will certainly procure a peace;
which proposition was granted by. every body I
conversed withal, even by M. Rouvigny him-
self, with whom I took liberty of discoursing so
far, but durst not say any thing of the intelli-
gence I had with father Fenier. Next ; that
a sum of money certain, would certainly pro-
cure a dissolution ; this some doubted, but I
am sure I never did ; for I knew perfectly well
that the king had frequent disputes with him-
self at that time, whether he should dissolve or
continue them ; and he several times declared
that the arguments were so strong on both sides,
that he could not tell to which to incline, but
was carried at last to the continuance of i hem
by this one argument ; if I try them once mure,
they may possibly give me money ; if they do
I have gaiued my point, if tliey do not, 1 can
dissolve them then, and be where I am now : so
that I have a possibility at least of getting mo-
ney for their continuance, against nothing on
the other side : but' if we could have turned
this argument, and said ; Sir, their dissolution
will certainly procure you money, when you
hare only a bare possibility of getting any by
their continuance, and have shewn Iujw far that
bare possibility was from being a fouitdntton to
build any reasonable hope upon, which I am
sure his majesty was sensible of: and how
much 300,000/. sterling certain (which was the
sum we proposed) wa» better than a bare pos-
sibility (without any reason to hope that that
could ever be compassed) of having half no.
much more (which watthe most he designed to
ask,) upon some vile dishonourable terms, a«4
a thousand other hazards, which he had great
reason to be afraid of: if, I say, we had power
to have argued this,, I am ino»t confine ntly as-
sured we could have compassed it, for Logic
in our court built upon moirey, has more pow-
erful charm** than any other sort of reasoning.
But to secure bi» most christian majesty from
any hazard as to that p<»n»t, 1 proposed hi* ma-
jesty should offer that sum upoii that condition;
and if the condition were not performed, tin? mo-
ney should. never be due; if it were and tnat a
ptace would certainly follow thereupon, (which
nobody doubted) his maj» sty would gJ«in hi* Mids
and save all the vn«texpeocesof the nest cam*
paign, by which he could not hope to oerei h«s
condition, or put hiifisetl into more advantageous
90} STATE TRIALS, 30 Cham-bs IL 1676. — Trial ofEdwmrd CoUtmm, [W
circumstance* of Treaty than be was then in ; hot
mig bt very probably be in a much worse, con-
sidering the mighty opposition be was like to
meet with, and the uncertain chances of war.
Bat admitting that his majesty could by his
treat strength and conduct maintain himself
in as good a condition to treat the next year as
he was then in ; (which was as much as could
then reasonably be hoped for) he should have
saved by thib proposal as much as all the men
be must needs lo»e, and all the charges he
should be at in a year, would be valued to
amount to more than 300.000i. sterling, and so
much more in case his condition should decay,
as it should be worse than it was when this
was made ; and the condition of his royal high-
ness and of the Catholic religion here (which
depends very much upon the success of bis
most christian majesty,) delivered from a great
many frights and real ^azartts. F. Ferrier
seemed to be very sensible of the benefit all
parties would gain by this proposal ; but yet it
was unfortunately delayed by an unhappy and
tedious fit of sickness, which kept him so long
from the king in the FrancbeCompte, and
made him so unable to wait on mVtnajesty
after be did return to Pahs : but so soon as he
oouid compass it, he was pleased to acquaint
his majesty with it, and wrote to the Duke him-
self; and dad me the honour to write unto me
also on the 15th of September 1674, and sent
his letter by sir William Throckmorton, who
came upon express that errand *. in these let-
ters he gave his royal highness fresh assurance of
his most christian majesty's friendship, and of
his zeal and readiness to comply with every
thing his royal highness had, or should think fit
to propose in favour of religion, or the business
of money: and that he had commanded M.
Houvigny as to the latter, to treat and deal
with his royal highness and to receive and ob-
serve his orders and directions; hut desired
that he might not at all be concerned as to the
farmer, but that his royal (ugliness would cause
what proposition he should think fit to be made
shout religion, to be offered either to Father
Ferrier, or Mi Pompone.
" These letters came to us about the middle
of September, and his royal highness espected
daily wheo M. Rouvigny should* speak to bim
shoot the subject of that letter ; but he took
no notice at all of anv thing till the 99th of
September, the evening before the king and
dose, went to Newmarket for a fortnight, and
then only said, that be had commands from
his master to give his royal highness the most
firm assurance of his friendship imaginable, or
tamer hing to that purpose, making his royal
highness a general compliment, but made no
mention of any particular orders relating to
Father Ferrier*8 letter. The duke wondering
at this proceeding, and beinit obliged to stay a
good part of October at Newmarket ; and soon
aster his coming back, hearing of the death of
Father Ferrier, he gave over all further prose-
csting of the former project. But I believe I
•ssv M. Rsavignye policy all along, whs was
willing to save his master's money* upon
suranoe that we would do all we coeld to stave-
off the parliament for our own takes, that we
would struggle as hard without mooey as with -
it; and we having by that lime, upon our*
own interest, prevailed to get the parliament'
prorogued to the 13th of April, he thought that-
prorogation being to a day so high in the-
spring, would put the confederates so far be-
yond their measures, as that it might procure a
peace, and be as useful to France as a disso-
lution *. upan these reasons I suppose be went;
I bad several discourses with ntm ; and dsnV
open myself fo far to bim as to say, 1 could
wish liis master would give us leave to offer to
our master 300,000/. for the dissolution of the
parliament; and shewed bim that a peace-
would most certainly follow a dissolution
(which be agreed with me in,) and that we de-
sired not the money from his master to excite*
our wills, or to make us more industrious to
use our utmost powers to procure a dissolution ,
bat to strenghten our power and credit with
the king, and to render us more capable to
succeed with his majesty, as most certainly we*
should have done, had we been fortified with
such an argument.
" To this purpose I pressed M. Pompone-
frequently hy sir William Throckmnrtcn, w bo-
returned hence again into France on the 10th-
of November, the day our parliament- should^
have met, but was prorogued. tM, Pompone/
(as I was informed by sir William) did teen* to
approve the thing ; but yet bad two objections^
against it: First, that the sum we proposed,
was great ;, end could be very ill spared in the*
circumstances his most Christian majesty was*
in. To wLicli we answered, that if bv his ex-
pending that sum, he could procure a diseolu*
tion of our parliament, and thereby a peace,
winch every body agreeed would necessarily-
follow ; his most Christian majesty would gain
his ends, and save five or ten times a greater
sum, and so be a good husband by rmvexpence ;
and if we did not procure a dissolution, ho
should not be at that es pence at all ; for that
we desired him only to promise upon that
condition, which we were content to be ob-
liged to perform first. The second Objection
was. The duke did not move, nor appear in it
himself. To that we answered, That he did'
not indeed to M. Pompone, because he bad
found so ill an effect of the neeociation with
Father Ferrier, when it came into M. Ron-
vieoy s hands ; but that be hud concerned htm*
self in it to Father Ferrier.
" Yet r continued to prosecute and pre*?
the dissolution of the par hart* en t, detesting all
prorogations as only so much* lo*s of time, and
a means of strengthening all those who depend
up«>n it in opposition to the crown, the interest
of France and Catholic religion, in the opinion
they had taken. That our king durst not pert
with bis parliament; apprehending that ano-
ther would be much worse. Second rr, That
he could not livelong without a parrmment,*
therefore they aunt suddenly meet; and the
*\
STATETTretlAIA 30 Champs II HUB*—/* High TVrtubm
[4#
loafer he kept them ©»€£ tbe greater his neces-
sity wvaW grow » and consequently their
power 10 m»ke Him do what they listed, would*
increase accordingly '- trod" therefore, if they
awM but maintain themselves a while, the
day would certainty come in a short time, in
wtieh they thould be oble to work" their wills.
9och discourses as these Kept the Confederates
and our Male- contents in heart, and made them
•either on the war in spite of all our proroga-
tion*: therefore I pressed (as I hare said) a
dMsolbrinn until 'February last, when our cir-
cumstances were so totally changed, that we
were forced to change our counsels too; and he
as orach for the parliament's sitting, as we
were before against it.
** Our Change was thus : Before that' time,
the lord Arlington was the only minister in
credit, who thought himself out of aft danger
of the parliament ; he having been accused be-
fore them and justified, and therefore was
zealous for their sitting; and to increase his
reputation with ihem, and to become a perfect
favourite, he sets himself all he coord to perse-
cute the Catholic religion, and to oppose tbe
■Reach : To shew his zeal against the first, he
irrrved some old dormant Orders for prohibit-
ing Roman Catholics to appear before the
ktnz, and put th'em in execution at his first
coming into Ids office of Lord Cham her Iain :
Abd to make snre work with the second, as he
thought ; prevailed with the king to give him
and the eail of Ossory, (who married two sis-
ters of Mytie Hfcere Odvke's) leave to go over
a>ro Holland with the said Heere, to make a
yisi?, as they pretended, to their relations; hut
indeed, and in troth, to propose the lady Mary,
eldest daughter of his royal highness, as a match
foe the prince of Orange ; not only wirhout the
consent, hut against the good liking of his
royal h\«hness : Insomuch, that the lord Ar-,
lingtotrs creatures were forced to excuse
him, with a distinction, thaf the said lady
was not to he looked upon as the duke's daugh-
ter, hot as the king's, and a child of the state
was, and so the duke's consent not much to be
considered in the diswsal of her, but only the-
interest of state. By this he intended to ren-
der himself the darling of parliament and Pro-
tcscmnts, who looked upon themselves as se-
ared in their religion by such an alliance, and
designed further to draw us into a close con-
jwaerjou with Holland, and the enemies of
France. The'lord Arlington set forth upon this
errand the lOlh of* November. 1674, and re-
*Or»ied not till the 6th of'Jannarv following?
XTdrntg hrs absence, the Lord Treasurer, Lord
Keeper, and the duke of Lauderdale, who were
the only mini»t*»r* of any considerable credit
with the king, and who all pretended to be en-
tirely omted to the Duke, declaimed loudly
aad with great violence, against the said lord,
•od bis actions in Holland ; and did hope, in
n% absence, to bare totally supplanted him,
**«* to have rooted bim out of the king's fa-
lOtfr; and after that, thought they might easily
«0ogh^}ave ddoli with' tbe parliament. But
none of them had courage enough td speak
against the' parliament, till they could get rid
of him*; for fear they should not succeed, and'1
that the parliament would1 sit in spite of tbetn,
and come to hear that they bad used their em '
deavoors against it : which would have been
so unpardonable a* crime with our Omnipotent/'
Parliament, that no power could have been
able- to have saved tbem from punishment: *
But they finding at bis return, that they could'
not prevail agatust Irim by such means and arts' '
as they had then tried, resolved upon near
enamels; which were to outrun hid* in hrs
own course ; which accordingly they under-
took, and became as fierce apostles, and as'
zealous for Protestant religion, and against
Popery, as ever my lord Arlington had been
before them ; and' in pursuance thereof, per-
suaded the king to issue out those severe Or-
ders and Proclamations against* Catholics, '
wrfrch came out in February last; by which
they did as much as iir them lay to, extirpate"
all Catholics, and Catholic religion; out of the*
kingdom ; which counsels were in my poor opi-
nion so detestable, being levelled, as they must1
needs be, so directly agaimt the D6ke, by peo-
ple which lie had Advanced, and who had pro*
fessed so much doty and service to him, thajtf
we were put upon new thoughts* how to save*
bry royal highness now from the deceits aud
snares of those men upon whom we formerly
depended. We saw well ertoujjli,. that their
design "*ns to nrrake themselves -as gratefal as'
they could* to the parliament; if it must sit;,
they thinking nothing so acceptable to tbem,
as the persecution of Popery-; and vet they
were so obnoxious to the parliament's displea-
sure in general, that they wo»old have ft>eea
glad of any expedient to hare kept it oft*;,
though they durst not engage 'against it openly
themselves, but thought this device of theirs*
tmiaht serte for their purposes, hoping the
Duke would be so alarmed at' their proceed-
ings, and by his being left bjr every body, that .
he would be much more afraid of the parlia-
ment than ever, and ' would use bis utmost
power to prevent its sitting* which they
doubted not but he' would endeavour; and
,they were ready enough to work- underhand too
for him (for their own sakes; not his), in order'
■thereunto; but durst not appear openly ; and
to encourage the Duke the more to endeavour
the dissolution of the parliament, their crea-
tures used to say up and d(Wn, That this rigor
'against the Catholics was in favour of thav
Duke, and to make a dissolution of the parlia-
ment more easy, (which they knew he coveted)
by obviating one great ' objection which was
commonly made against it, wh.\ch was, That if
the parliament should be dissolved, it would bo
said, That it was done in favourr of Popery;,
which clamour they had prevented beforehand'
by the severity they had used agai.*ist it. .
! " As soon as we saw these tricks put upoa
jii9 we plainly saw, what men we toad to deal'
withal, and what we had to trust to, if wo
.were wholly at their mercy : But yet durst nofc
43] STATE TRIADS, 30 Charles II. 161$.— Trial of Edxoard Coleman, [44
seem so dissatisfied as we really were, but.
rather magnified the contrivance, as a device
of great cunning and skill : All this we did
purely to hold them in a belief, that we would
endeavour to dissolve the parliament, and that
they might rely upon his royal highness for that
.which we knew tbey longed for, and were
afraid they might do some other way, if they
discovered that we were resolved we would not :
At length when we saw the sessions secured, we
declared, that we were for the parliament's
meeting ; as indeed we were, from the moment
we saw ourselves handled by all the king's
ministers at such a rate that we had reason to
believe they would sacrifice France, religion,
and his royal highness too, to their own interest,
if occasion served ; and that they w ere led to
believe, that that was the only way they had to
save themselves at that time : For we saw no
expedient fit to stop them in their career of
persecution, and those other destructive coun-
sels, but the parliament ; which had set itself
a long time to dislike every thing the ministers
had done, and had appeared violently against
popery, whilst the court seemed to favour it ;
and therefore we were confident, that the mi-
nisters having turned their faces, the parliament
would do so too, and still be against them ; and
be,as little for persecution then, as they had been
for popery before. This I undertook to manage
for the Duke and the king of France's interest;
and assured M. Rouvigny, which I am sure he
will testify, if occasion serves, that jhar sessions
should do neither of them any hurt ; for that
I was sure I had power enough to prevent mis-
chief, though I durst not engage for any good
tbey would do; because I had but very few
assistances to carry on the work, and wanted
those' helps which others had, of making friends :
The Dutch and Spaniard spared no pains or
expence of money to animate as many as they
could against France ; our Lord Treasurer,
Lord Keeper, all the bishops, and such as
called themselves Old Cavaliers, (who were all
then as one man) were not less industrious
against popery, ana had the purse at their girdle
too ; which is an excellent instrument to gain
friends with ; and all united against the Duke,
as patron both of France and catholic religion.
To deal with all this force, we had no money,
but what came from a few private bands ; and
those so mean ones too, that I dare venture to
say, that I spent more my particular self out of
my own fortune, and upon my own single
credit, than all the whole body of catholics in
England besides ; which was so inconsiderable,
in comparison of what our adversaries com-
manded, and we verily believe did bestow in
making their party, that it is not worth men-
tioning : Yet notwithstanding all this, we saw
that by the h?lp of the Nonconformists, as
Presbyterians, Iudependants, and other sects,
(who were a<j much afraid of persecution as
ourselves) and of the enemies of the ministers,
a&d particularly of the Treasurer ; who by
that time had supplanted the earl of Arlington,
and was grown sole manager of all affairs him-
self, we should be very able to prevent what
they designed agaiiist us, and so render the
sessions ineffectual to their ends, though we
might not be able to compass our own ; which
were, to make some brisk step in favour of his
royal highness, to shew the king, that his ma-
jesty's affairs in parliament were not obstructed,
by reason of any aver- ion they had to his royal
highness's person, or apprehensions they had
of him, or his religion ; but from faction and
ambition in some, and from a real dissatisfac-
tion in others, that ue have not had buch fruits
and good effects of those great sums of money
which hare been formerly given, as was expect-
ed. If we could then have made hut one such
step, the king would certainly have restored
his royal highness to all his commissions ;
upon which he would have been much greater
than ever yet he was in his whole life, or could
probably ever have been by any other course
in the world, than what he had taken of be-
coming catholic, &c. And we were so very
near gaining this point, that I did humbly beg
his royal highness to give me leave to put the
parliament upon making an Address to the
king, that his majesty would be pleased to put
the fleet into the hands of his royal highness,
as the only person likely to have a good account
of so important a charge as that was to the
kingdom ; and shewed his royal highness such,
reasons to persuade him that we could carry it,
that he agreed iviib roe in it, that he believed we
could. Yet others telling him how great a
damage it would be to him, if he should miss
in such an undertaking (which for my part I
could not then see, nor do I yet)," he was pre-
vailed upon not to venture, though he was per-
suaded he could carry it. I did communicate
this design of mine to M. Rouvigny, who agreed
with me, that it would be the greatest advantage
imaginable to his master, to have the Duke's
power and credit so far advanced as this would
certainly do, if we could compass it : I shewed
him all the difficulty we were like to meet with,
and what helps we should have ; but that we
should want one very material one, money, to
carry on tbe work as we ought ; and therefore
I do confess, I did shamefully beg his master's
help, and would willingly have been in ever*
lasting disgrace with all the world, if I had uot
with that assistance of 20,000/. sterling, which
perhaps is not tbe tenth part of what was spent
on the other side, made it evident to tbe Duke,
that he could not have missed it. M. Rou*
vigny used to tell me, That if he could be sure
of succeeding in that design, his master would
give a very much larger sum, but that he was
not in a condition to throw away money upon
uncertainties. I answered, That nothing of
that nature could be so infallibly sure, as not
to be subject to some possibilities of failing ;
but that I durst venture to undertake to make
it evident, that there was as great an assurance
of succeeding in it, as any husbandman can
have of a crop in harvest who sows his ground,
in its due seasoo ; and yet it would be counted a.
very imprudent piece of wariness in any body,
45]
STATE TRIALS, 30Charlb* II. 1678— /or High Treaton.
[46
to scrapie Che venturing of so ranch seed in its
proper time, because it is possible it may be
totally lost; and no benefit of it found in har-
vest : he that minds the winds and the rains at
that rate, shall neither sow nor reap* I take
oar case to be much the same as it was the last
sessions : If we can advance the Duke's inte-
rest one step forward, we shall put him oat of
the reach of chance for ever ; for he makes
such a figure already, that cautious men
do not care to act against him, nor always with-
out him, because they do not see that he is
much outpowered by his enemies; yet is he not
at such a pitch, as to be quite out of danger, or
free from opposition : But if he could gain any
considerable new addition of power, all would
come over to him as the only steady center of
oar government, and nobody would contend
with hhn farther. Then would catholics be
at rest, and his most Christian majesty's inte-
rest secured with as in England beyond all ap-
prehensions whatsoever.
" In order to this* we have two great Designs
to attempt this nest sessions. First, tWt which
we were about before, viz. To put the parlia-
ment upon making it their humble request to
the king, that the Fleet may be put into his
royal bigbuess's care. Secondly, to get an Act
for general Liberty of Conscience. I f we carry
these two, or either of them, we shall in effect
do what we list afterwards; and truly, we think
we do not undertake these great points very un-
reasonably, but that we have good cards for our
game ; not bat that we expect great opposition,
and have -great reason to beg all the assistance ,
we can possibly get ; and therefore, if his most
Christian majesty would stand by us a. Ihtle in
this conjuncture, and help us with such a- sum
as 20,000/. sterling (which is no very great mat-
ter to venture npon such an undertaking as this),
I would be content to be sacrificed to the ut-
most malice of my enemies, if I did not succeed.
I have proposed this several times to M. Rou-
vigny, who seemed always of my opinion ; and
has often told me, that he has writ into France
upon this subject, and has desired me to do the
fake: bet I know no.t whether he will be as zea-
lous in that point <fs a Catholic would be ; be-
cause our prevailing in these things would give
the greatest blow to the Protestant religion
here, that ever it received since its birth ; which
perhaps" he would not be very glad to see; espe-
cially when he believes there is another way of
doing his master's business well enough without
k; which is by a dissolution of the parliament;
upon which I know he mightily depends, and
concludes, tbat if that come to be dissolved, it
will be as much as he needs care for ; proceed -
hit perhaps upon the same manner of discourse
which we had this time 12 months. But with
submission to bis better judgment, I do think
that oar case is extremely much altered to what
k was, in relation to a dissolution ; for then the
body of oor governine ministers (all but the earl
at Arlington) were entirely united to the duke ;
aad woatd have governed his way, if they had
been free from all fear and controul, as they
had been, if, the parliament had been removed*
But they having siuce tbat time engaged in
quite different counsels, and .embarked them*
selves and interests upon other bottoms, having
declared themselves against popery, &c. To
dissolve the parliament simply, and without any
other step made, will be to leave them to go-
vern what way they list, which we have reason
to suspect will be to the prejudice of Franca
and Catholic religion. And their late declarsv*
tions and actions nave demonstrated to us^ tbat
they take that for the most popular way for
themselves, and likeliest to keep them in abso-
lute power ; whereas, if the duke should once
get above them (after the tricks they have play*
ed with him) they are not sure he will totally
forget the usage he has had at their hands :
therefore it imports us now to advauco our in-
terest a little further, by some such project as I
have named, before we dissolve the parliament;
or else, perhaps, we shall but change masters (a
parliament for ministers), and continue still in
the same slavery and bondage as before. Bot
one such step as I have proposed, being well
made, we may safely see them dissolved, and
not fear the ministers ; but shall be established,
and stand firm without any opposition ; for
every bod v will then come over to us, and wor-
ship the rising sun.
■ " I have here given you the history of three
years, as short as I could, though I am afraid it
will seem very long and troublesome to your
reverence, among the multitude of affairs you
are concerned in : I have also shewn you the
present state of our case, which may (by God's
providence, and good conduct) be made of such
advantage to God's church ; that for my part. I
can scarce believe myself awake, or the thing
real, when I think on a prince in such an age
as we live in, converted to such a degree of zeal
and piety, as not to regard any thing in the
world in comparison of God Almighty's glory,
the salvation of his own soul, and the conver-
sion of our poor kingdom ; which has been a
long time oppressed, and miserably harassed
with heresy and schism. I doubt not but yoar
reverence will consider our case, and'take it to
heart, and afford us what help you can; both
with the king of heaven, by your holy prayers-,
and with his most Christian majesty, by that
great credit which you most justly have with
him. And if ever his majesty's affairs (or your
own) can want the service of so inconsiderable
a creature as myself, you shall never find any
body readier to obey your commands, or faith-
fuller in the execution of them, to the best of
his power, than your most humble and obedient
servant." '
Att. Gen. That I may make things clear,
as much as possible ; you see, here is a letter
prepared to be sent, writ with Mr. Coleman's
own hand, to M. la Chaise: This letter bears
date the 29th of September. We have an An-
swer to it from Paris, October 23, whereby M.
la Chaise owns the receipt of this: and, in this
Answer is expressed thanks to Mr. Coleman for
his long Jetter. Sir Robert, Fray tell how you
came by this Letter.
fltfj STATE TRIAI& 30 OuitftES II. l&l$.-~Trial tf Edward Cokman, £48
which we have given most signal testimonies,
even' to the stripping ourseif of many royal pre-
rogatives which our predecessors enjoyed, and
were our undoubted due; as the court of
wards, purveyances, and other things of -great
value; and denying to ourseif many ndvnn*
tages, which we might reasonably and legally
ha«e taken by the forfeitures made in the times
of rebellion, and the great revenues doe to the
Church at our return, which no particular pen*
son had any right to; instead of which, we
consented to nn act of oblivion of all those
barbarous usages which our > royal father and
ourseif had met withal, much more full and
gracious than almost any of our subjects, who
were generally become in some measure or
other obnoxious to the laws, had confidence t*
ask ; and freely renounced all our title to the
profit which we might have made by the church
lands, in favour of our bishops and otlier ec-
clesiastical ministers, out of our zeal to the
glory of our Protestant Church; which cle-
mency towards all, and some even high offen-
ders, and zeal for religion, we have to this day
constantly contioued to exercise. Considering
all this, we cannot but be sensibly afflicted to
see, that the frowaidoess of some few tumul-
tuous heads should be able to infect our loyal
and good people with apprehensions destructive
of their own, and the general quiet of our king-
dom; and more especially, tlieir ptrversneat
should be powerful enough to distract our very
parliament, and such a parliament, as has given
us such testimonies of its loyalty, wj»dt>oi, and
bounty, and to which we have given as mans;
marks of our affection and esteem, so as to
make them misconstrue ail our endeavours for
to preserve our people in ease and prosperity,
and against all reason and evidence to repre-
sent them to our subjects as arguments of fear
aud disquiet; and under these specious pre-
tences of securing property and religion, to de-
mand unreasonable tilings, manifestly destruc-
tive of what they would be thought Co arm at ;
and from our frequent condescensions, out ef
our mere grace, to grant them what we con-
ceived might give them satisfactian, though tt>
the actual prejudice vf our .royal prerogative,
to make tlietu presume to propose to advance
such extravagancies into laws, as they them-
selves have formerly declared detestable ; of
which we cannot forbear to give our truly loyal
subjects some instances, to undeceive our
innocent and well- minded people, who have
many of them of late been too easily misled,
by the -factious endeavours of gome turbulent •
spirits. For example, We having judged it
necessary to declare war against the States of
Holland, during a recess of parliament, which
we could not defer longer, without losing an
advantage which then presented itself, nor bane
done sooner, without exposing our honour to -a
potent enemy without due pfeparati'tn, we
thought it prudent to unite all our mbjeets at
home, and did believe a general indulgence «f
tender consciences* the most proper expedient
to effect it; *nd tberefoiedid by oar authoriry
Sir 'Bon. tioutJiamlL I found this Letter in
Air. Coleman's .canvas hag; ailer .we had once
-looked over the letters, we found it: -sir Philip
Xloyd examined it; and we looked over those
.papers very exactly. Because the House of
^Commons wire very much concerned, and
thought those papers were not thoroughly exa-
. mined, I reviewed tbem again. This Letter
.was found on Sunday following after the papers
avere seized
AM. Gen. Sir Robert Southwell, I pray lead
•the Letter in French first to the court. Sir
Robert having read the letter in French, Mr.
Attorney desired him to read it in English. Sir
•Robert read it in English : The letter was dated
Paris, Oct. 23, 1675. And subscribed, " Your
most humble and obedient Servant, D. L. C."
at the bottom.
The Letter.
" Sir ; " From Paris, Get. *3, 1675.
€i The letter which you gave yourself the
trouble to write to me, came to my hands but
the last night, I read it with great satisfac-
tion ; -and I aisure you, that its length did not
make it seem tedious. I should be very glad
on my part to assist in seconding your good
intentions; I will consider of the means to
effect it ; and wheu I am better informed than
I am as yet, I will give you an account : to the
end I may hold intelligence with you, as you
did with my predecessor. I desire you to be-
lieve that I will never- fail as to my good will,
for the service of your master, whom I honour
as much as he deserves ; and that it is with
great truth that I am your most humble and
most obedient Servant, " D. L. C."
Att. Gen. We made mention of a Decla-
ration : By his long narrative it plainly ap-
pears, that Mr. Coleman would have had ano-
ther parliament. And the reason why he was
' pleased to publish a Declaration, was, thereby
to shew the reasons for its dissolution. Sir
Philip Lloyd, did you find this writing among
Mr. Coleman's papers ?
Sir P. X. 1 did find ft among his papers.
Att. Gen. Pray read the Declaration.
Clerk of the Crown reads the Declaration.
The Declaration which Mr. Coleman pre-
pared, thereby shewing his lieasons for
the Dissolution of the Parliament.
" We having taken into our serious consi-
deration the heats and animosities which have
of late appeared among many .of our ^ery loyal
and laving subjects of this kingdom, end the
many fears and jealousies which some of them
aeem to lie under, of having their .liberties and
properties invaded, or their seugion altered;
and withal, carefully 'reflecting upon our own
government since our .happy fteatoratiiui, and
.the end and aim of it, which has aUrays been
the ease and security of our people in all their
eights, and advancement of ike beauty and
etuender of the true Protestant religion esta-
hhshfd in lh* Churob x>f £nglaad; of both
«\
STATS TRIALS, SO Chaju.es IL 1678.^/br H$k Treaton.
f30
want we
*rh*nh
did,
thought sufficient to
Buepeud penal laws
tnatt dissenter* in religion, upon conditions
ssstcntd in oar Declaration* out of reason of
late, as well aa to gratify our owa nature,
abrcb always, we confess, abhorred rigor, espe*
dally in tengpou, when tenderness might be as
nefui. After we hod engaged in the war, we
prorogued one parliament front April to Octo-
ber, being cooudent we should be able by that
to shew our people such success of our
as should make them cheerfully contri*
bote to oar charge. At October we could
sate shewn them success even beyond our own
James, or what they could poasiUy expect ; our
enemies having lost by that time, near 100
strong towns and forts, taken in effect by us,
we holding them busy at sea, whilst our allies
Ives? of their land*, with little
and of which, (he great ad*
rould most visibly have been ours, had
•at the sends we now complain of, which have
since unhappily started, and factiously
by some few, disunited our people,
oor councils, and rendered our late
ivoonV vain- and fruitless ; so that we had
in to doubt of our people's ready and
roncarrence to our assistance in that
ooajttactore. Yet our enemies proposing to ns
at that time a treaty for peace, which we were
ahvays ready to accept upon honourable terms ;
esd considering with oiirseif, that in case that
tieaty succeeded, a for less sum of money
would serve our occasions, than otherwise
woeJd he necessary : We, out- of oor tender
segprd to the ease of oar people, prorogued our
it again to February, to attend the
of oax treaty, rather than to demand
in October, as would be fit to
carry aa rise war. But we soon finding that
did not intend us any just satis-
a necessity of prosecuting the war,
w designed to do most vigorously ; and
ta aider to it, resolved to press our parliament
co ■■paly no as speedily as may be, to enable
aa to pat our fleet to sea early in the spring,
wnicei would after, their meeting grow on apace.
And being informed that many members were
dead daring the long recess, we issued out our
writ* lor new elections, that oar House of Com-
be full at the first opening of the
_ to prevent any. delay in our public at-
or dislike in pur people, as might possibly
riteo from the want of so great a number
of their representatives, if any thing of moment
aJseaid be concluded before it had been supplied.
saariae; governed our actions all along with snch
caretaT respect to the ease of our subjects, we
at rJse meeting of our parliament in February
!£?£, expected from them some suitable. ex-
of their sense of our favours ; btft
r, found ourself alarmed with cto-
complaints from several cabals against
sfl om* procexdiagt, frightim* tattia of oor good
■■sytMjta kuoatzana* a*aceii» brwhiuvthey. roust
Jstksnr, by th«t> «euidoas and faJse construe*
oaue/what we bwrf?S* candwlry aaai'«0ccssty
?Ol» T1U
done for their good; and surprised wit* a vote?
of our House of Commons, against our writs*
of ejections, which we intended for their satis-
faction*, against many precedents of ours, or
without any colour of law of their side^ denying
our power to issue out such writs addressing to
us to i*sue out oihers : which we consented to do
at their request, choosing rather to yield to our
subjects in that point, than to be forced to sub-
mit to our enemies in others ; hoping that our
parliament being sensibly touclied with that oar
extraordi nary condescension, wo uldgo on to con*
sider the public concern of the kingdom, with*
out any further, to do: but we found another use
of our so easy compliance, which served to en-
courage them to ask more ; soi hat 8900 aftferwe
found our declaration for indulging tender con-
sciences arraigned and voted illegal; though wo
cannot to this day understand the coosisteaeiee
of that vote, with our undoubted supremacy id ait
ecclesiastics, recognized by so many acts ofnar-
liament, and required to be sworn to by oil our
subjects* and addresses made to 0s one al tier aso*
titer to recal it, which we condescended to also;
from hence they proceeded to us to weaken
ourself in an actual war, and to render many*
of our subjects, of whose loyally and ability wn
were well satisfied, incapable to $erve ns, whets
we wanted officers and soldiers, and had reason
to invite as' many experienced men as we eouM
to engage in our arms, rather than to ittcepa*
citate or discourage any ; 'yet this also we gra-
tified them in, to gain tlieir assistance against
our enemies, who grew high by these our dif-
ferences, rather than expose our country, to
their power and fury; hoping that in thneioor
people would be confounded to see our coades*
sions, and be ashamed of their errors in making
such demands. But finding the unfortunate
effects of our divisions the following summer,
we found our parliament more extravagant at
the next meeting than erer, addressing to us to
binder the consummation of our dear brother's
marriage, contrary to the law of God, waiob
forbiddeth any to separate any whom he hath
j oined* against our faith and honour engaged in
the solemn Treaty, obstinately persisting in that
Address, after we had acquainted then), that
the marriage was then actually ratified, and that
we had acted in it by our ambassador ; so that
we were forced to separate them for a while,
hoping they would bethink themselves better
at their meeting in January. Instead of being
more moderate, or ready to consider our want*,
towards the war ; they voted, as they had done
before, not to assist us still, until their religion-
were effectually secured against popery, ag*.
grievances redressed, and all obnoxroas men
removed from us ; which we bad reason to take
for an absolute denial of all aid; considering the*
indent] iteness of what was to proceed*, and the
moral impossibility of effecting it in their senses >
for when will they say their religion isefiboteally
secured from popery, if it were in danger then^
by reason of the insolency of papists ; when
our House of Commons, which is made np 06
members from every corner of our kingdom*
E
51) STATE TRIALS, 30 Charles II 1678.-7™/ qf Edward Coleman, [52
with invitations publicly posted up to all men
to accuse theui, has not yet in so tnanj years
as they have complained of them, been able to
charge one single member of that communion,
' with so much as a misdemeanor? Or what se-
curity could they possibly expect against that
body of men, or their religion, more then we
had given them ? or how can we hope to live
so perfectly, that study and pains may not make
a collection of grievances, as considerable as
that which was lately presented to us, than
which we could not have wished for a better
vindication of our government? or when shall
we be sure that all obnoxious men are re-
moved from us, when common fame thinks fit
to call them so ; which is to every body, with-
out any proof, sufficient to render any man ob-
noxious, who is popishly affected, or any thing
else that is ill, though tliey have never so often
or lately complied with their own tests, and
marks of distinction and discriminations? find-
ing our people thus unhappily disordered, we
taw it impossible to prosecute the war any
longer; and therefore did by their advice make
a peace upon such conditions as we could get ;
hoping that being gratified in that darling point
they would at least have paid our debts, and
enabled us to have built some ships for the fu-
ture security of our honour, and their own pro-
perties ; but they being transported with tlieir
success in asking, were resolved to go on still
that way) and would needs have us put upon
the removing of our judges from those charges,
which they have always hitherto held at the
will and pleasure of the crown, out of our pow-
er to alter the ancient laws of trying of peers,
and to make it a premunire in our subjects (in
a case supposed) not to fight against ourself;
nay, some had the heart to ask, that the here-
ditary succession of our crown (which is the
foundation of all our laws) should be changed
into a sort of election, they requiring the
heir to be qualified with certain conditions
to make him capable of succeeding; and
outdoing that Popish doctrine, which we
have so long and so loodly with good reason
decried, that heresy incapacitates kings to
reign. They would have had, that the heir of
the crown, marrying a papist, though he con-
tinued never so orthodox himself, should forfeit
his right of inheritance ; not understanding this
paradoxical way of securing religion by destroy-
ing it, as this would have done that of the
church of England, which always taught obe-
dience to their natural kings, as an indispen-
sable duty in all good christians, let the reli-
gion or deportment of their prince be wliat it
wjU ; and not knowing how soon that impe-
diment, which was supposed as sufficient to
keep out an heir, might be thought as lit to
removo a possessor: And comparing that bill
which woukl have it a premunire in a sheriff
not to raise the Pone Comitatui, against our
commission in a case there supposed, though
we ourself should assist that our commission in
oar person : For not being excepted is implied
w ith the other made by this very parliament in
the 14th year of our reign, which all our sub-
jects, or at least many ofthem, were oWliged to
swear (vis. That the doctrine of taking up arms
by the king's authority, agaiust bis person, was)
detestable) ; and we soon found that the design
was levelled against the good Protestant reii*
gion of our good church, which its eoemies had
a mind to blemish, by sliding in slily those
damnable doctrines, by such an authority as
that of our parliament, into the profession of
our faith or practices, and so expose our -whole
religion to the scoru and reproach of them*
selves, and ail the world : We therefore thought
it our duty to be so watchful as to prevent the
enemies sowing such mischievous tares as these,
in thex wholesome field of our church of Bng*
land, and to guard the unspotted spouse of oar
blessed Lord from that foul accusation with
which she justly charges other churches, of
teaching their children loyalty, with so many
reserves and conditions, that they shall never
want a distinction to justify rebellion ; nor a
text of scripture, a» good as Curse ye Meroc,
to encourage them to be traitors : Whereas oar
truly reformed church knows no such sub tH ties;
but teaches according to the simplicity of Chris-
tianity, to submit to every ordinance of man for
God's sake, according to the natural signification
of the words, without equivocation or artificial
turns. In order to which, having thought to
dissolve that body, which we have these many
years so tenderly cherished, and which we are
sure consists generally of most dutiful and loyal
members, we were forced to prorogue our par-
liament till November next, hoping thereby to
cure those disorders, which have been sown
among the best and loyalest subjects by a lew
malicious incendiaries. But understanding
since, that such who have sowed that seditions
seed, are as industriously careful to water it by
their cabals, and emissaries, instructed on
purpose to poison our people with discourses in
public places, in hopes of a great crop of con*
fusion, their beloved fruit, the next sessions;
we have found it absolutely necessary to dis-
solve our parliament, though with great retuct-
ancy and violence to our inclination : But re-
membering the days of our royal father, and
the progress of affairs then, how from a cry
against popery the people went on to complain
of grievances, and against evil counsellors and
his majesty's prerogative; until they advanced
into a formal rebellion, which brought forth the
most direful and fatal effects that ever were yet
heard of amongst any men, christians or others ;
and withal, finding so great a resemblance
between the proceedings thenand now, that they
seem both broth of the same brains i And being
confirmed in that conceit,, by observing the ac-
tions of many now, who bad a great share in
the former rebellion, and their seal for religion
who by their lives gave as too much reason to
suspect they have none at all ; we thought it
not sale to dally too long, as our Uoyal Father
did, with submissions and condescensions, en*
deavouring to cure men infected, without re-
moving them from the air where they got the
*J
STATE TttlALS, 50 Chari.es II. itfTS.-^br High Treason.
M
disease, and io which it still rages and increases
daily. For fear of meeting with no better
success than be found io suffering bis parlia-
ment to challenge power they bad nothing to do
with, till they bad bewitched the people into
sond desires of such things as quickly destroyed
both kins* and country, which in us would [be]
an intolerable error, having been warned so late-
ly by the most execrable murder of our Royal
Father, and the inhuman usage which we our
self in our royal person and family have suffer-
ed, and our loyal subjects have endured, by
soch practices ; and Jest this our great care of
this oar kingdom's quiet, and our own honour
and safety, should, as our best actions hi then o
have been, be wrested to some sinister sense
and arguments be made frum it to scare our
tpod people into any apprehensions of an ar-
bitrary government either in church or state:
We do hereby solemnly declare and faithfully
engage our royal word, that we will in no case
either ecclesiastical or civil, violate or alter the
known la«s of our kiogdom, or invade any
sun's property or liberty without due course
of a\w : But that we will with our utmost en-
deavours preserve the true Protestant Religion,
sad redress all such things as shall indifferently,
and without passion, be judged grievances by
our next parliament, which we do by God's
blessing intend to call before the end of Fe-
bruary next. Io the mean time we do strictly
charge and command all manner of persons
whatsoever, to forbear to talk seditiously ,
shgbdj or irreverently of our dissolving of the
parliament, of this our declaration, or of bur
person or government, as they will answer it
at their perils ; we being resolved to prosecute
all offenders in that kind with the utmost rigour
aad severity of the law. And to the end that
soch licentious persons, if any shall be so im-
nodent and obstinate as to disobey this our
royal command, may be detected and brought
to doe punishment, we have ordered our Lord
Treasurer to make speedy payment of twenty
poaads to any person or persons who shall dis-
cover or bring any such seditious, slight or
irreverent talker before any of our principal
secretaries of £tate.'f
Recorder. I would have the jury should
know the Declaration ends, "To one of his
majesty's principal secretaries of state;' where-
of be hoped to be one.
Ait. Gen. This is written in the name of
the king; for Mr. Coleman thought himself
now secretary of state, and he pens the Decla-
ration, for. the king to give an account why the
parliament was dissolved.
Serj. Mnynard. The long letter, it appears,
was to dissolve the parliament ; and to make
it cock-sure, be provides a Declaration to shew
the reason of it : it was done in order to bring
jb popery ; that may appear by the subsequent
proof.
Ait. Gen. I have other evidence to offer to
soar lordship, which is, That Mr. Coleman was
'sot only to bold as to prepare a Declaration for
the king, but also out of his own further inge*
nuity, prepares a Letter (contrary to the duke a
knowledge; for the duke, which before several
Lords he confessed ; and sir Philip Floyd is
here ready tojustify it.
Sir PhHip Floyd. I did attend a Committee
of the House of Lords to Newgate, who exa-
mined Mr. Coleman, and told him of the letter
Mr. Attorney mentioneth ; he then confessed,
that it was prepared without the order and pri-
vity of the duke ; and when he was so bold. as
to shew it the duke, the duke was very angry
and rejected it.
L. C. J. He hath been a very forward un-
dertaker on the behalf of the duke.
Att. Gen. I desire the Letter may he read.
The Copy of the Letter written to M. La Chaise
the French kings Confessor; which Mr,
Coleman confessed he himself wrote and
counterfeited in the duke's name.
Clerk of the Crown reads the Letter.
" The 2d of June last past, his most christian
majesty offered me most generously his friend-
ship, and the use of his purse, to the assist-
ance against the designs of my enemies and
his; and protested unto me, that his interest
and mine were so clearly linked together, that
those that opposed the one, should be looked
upon as enemies to the other ; and told me
moreover his opinion of my lord Arlingtou,
and the parliament ; which is, That he is of
opinion that neither the one nor the other is
in his interest or mine : And thereupon he de-
sired me to make such propositions as I should
think fit in this conjuncture.
" All was transacted by the means of Fa-
ther Ferrier, who made use of Sir William
Throckmorton, who is an honest man, and of
truth, who was then at Paris, and had held cor-
respondence with Coleman, one of my family,
in whom I have great confidence.
" I was much satisfied to see his most chris-
tian majesty altogether of my opinion, sol made
him answer the 29th of June, by the same
means he made use of to write to me, that is,
by Coleman, who addressed himself to Father
Ferrier (by the forementioned knight), and en-
tirely agreed to his most christian majesty, as
well to what had respect to the union of oar
interests, as the unusefulness of my lord Arling-
ton, and the parliament, in order to the ser-
vice of the king my brother, and his most chris-
tian majesty ; and that it was necessary to
make use of our joint and utmost credits, te
prevent the success of those evil designs, re-
solved on by trie lord Arlington and the pas*
liament, against his most christian majesty
and myself; which, of my side, I promise
really to perform : of which, since that time,
I have given reasonable good proof.
" Moreover I made some proposals, which I
thought necessary to bring to pass what we
were obliged to undertake, assuring him, That
nothing could so firmly establish our iu^rcst
with the king my brother, as that very tame
iS) STATE TRIALS, 36 Chakles II. 1676 — Trial tfEdxoord Coleman, (J5G
Offer of the help of his purse; by" which1
*neans-I had ranch reason to hope I should he
enabled to persuade to the dissolving of the
parliament, and to make void the designs of
my lord Arlington, who works incessantly to
advance the interest of the prince of Orange
and the Hollanders; and to lessen that of the
khig your master, notwithstanding all the pro-
testations he bath made to this hour to render
him service.
" Bnt as that, which was proposed, was at a
stand by reason of the sickness of Father Fer-
rier, so our affairs suceeried not according to
Onr designs ; only Father Ferrier wrote to roe,
the 15th of the hit tnonth, That he had com-
municated those propositions to his most chris-
tian majesty, and that they had been very well
liked or; bat as they contained things that had
regard to the catholic religion, and to the offer
and use of his purse, he g:ue me to understand
he did not desire 1 should treat with M. Riu-
▼igny upon the first, but c* %o the last, and had
the same time acquainted me, that M. Kouvigny
had order to grant mc whatsoever the conjunc-
ture of our affairs did require ; and have ex-
pected the effects of it to this very hour: But
nothing being done in if, and seeing, on the
other hand, that my lord Arlington and seve-
ral others endeavoured by a thousand deceits
to break the good intelligence which is between
the king my brother, his most christian majesty,
and myself, to the end they might deceive us all
three-; i have thought fit to advertise you of
all that is past, and desire of you your assist-
ance and friendship to prevent the rogueries
of those, who have no other desim than to be-
tray the concerns of France and England al*o,
and who by their pretended service are the oc-
casion they succeed not.
" As to any thing more, I refer you to u'r
William Throckmorton, and Coleman, whom I
have commanded to give an account of the
whole state of our affair, and of the true con-
dition of England, with many others, and prin-
cipally my lord Arlington's endeavours, to re-
present to you quite otherwise than it is.
" The two fi-st I mention to you are firm to
rav interest, so that you may treat with them
without any apprehension."
Serj. Maynard. Gentlemen of the Jury, pray
observe that he takes upon him to prepare a
letter, and that in the duke's name, but con-
trary to the duke's knowledge or privacy ; for
When he had so much boldness as to tell him of
it, the duke was angry, and rejected it. But m
it we may see what kind of passages there are,
he takes very much upon him in this matter.
And Mr. Coleman must keep the secret too.
Att. Gen. My Lord, I liare but one paper
more to read, and I have kept it till the la:* ;
fceeause if we had proved nothing by witnes-
ses, or not read any thing but thib, this one let-
ter is sufficient to maintain the charge against
tifm : It plainly appears to whom it was directed
and at what time. It begins thus (I sent Your
reverence a tedious long letter on our 49th of
fpptember), I paly mention this, to shew
about what time it was sent. There are som£
elauses hrit will speak better than I can. Sir
Thomas Doleman and air Philip Floyd' swear
he hath confessed and owned it to be his hand-
writing. 1 desire the letter may be read.
Clerk of the Crown reads the JUtter.
" Sir; I sent jour reverence a tedious long
letter on our 29th Sept. to inform you of the
progress of affairs for these two or three last
years; I having now again the opportunity of A
very sure hand to convey this by, T have sent
you a cypher, because our parliament now)
drawing on, I may possibly nave occasion to
send you something which you may be willing
enough to know, and may be necessary for us
that you should, when wc may want the co ri-
ven iency of a messenger. When any thing
occurs of more concern, other than which may
not be fit to be trusted even to a cypher alone,
I will, to make such a thing more secure, write
in lemon between the lines of a letter, which
shall have nothing in it viable, but what I care
not who sees, but dried by a warm fire, shaft
discover what is written ; so that if the letter
comes to your hand*, and upon drying it any
thing appears more than did before, you may
be sure no body has seen it hy the way. I will
not trouble you with that way of writing, bu£
upon special occasions, and then I will give
you a hint to direct you to look for it, by con-
cluding my visible letter with something of fire^
or burning, by which mark you may please t<»
know, that there is something underneath, and
how my letter is to be used to find it out.
" Wc have here a mighty work upon our
hands, no less than the conversion of three
kingdoms, and by that perhaps the utter sub-
duing af a pestilent heresy, which has domi-
neered over great part of this Not them world
a long time; there were never such hopes of
( success since the death of our queen Mary, as
now in our days: When God has given us .a
prince, who is become (may I say a miracle)
zealous of being the author and instrument of
so glorious a. work; but the opposition we are
sure to «nert v. ith, is aUo like to he great : So
that it imports us to get all the aid and assist-
ance we can, for the harvest is great, and the
labourers but few. That which we rely upon
most, next to God Almighty's providence, and
the favour of my master the Duke, is the mighty
mind of his most Christian majesty, whose ge-
nerous soul inclines him to great undertakings,
which being managed by your reverences
exemplary piety and prudence, will certainly
make him .look upon this as most suitable to
himself, and best becoming his power and
thoughts ; so that I hope you will pardon me,
if I be very troublesome to you upon this occa-
sion, from whom I expect the greatest help we
can hope for. I must confess I think his Chris-
tian majesty's temporal interest is so much at-
tracted to that of his royal highness (which
can never be considerable, hut upon the growth
and advancement of the catholic religiou) that
his ministers cannot give him better advice,
m
STATE TRTAUg, 30
II. I67%.~jkr Higlk Trea*M.
(»
even in a politic seme, sfestrectmsz from the
cowideratrons of the next world, that of oar
blessed Lord, ' to seek first the kingdom of
* beaveo, and the righteousness tbeieo^that all
' other things may be added onto him/ That
{know his most Christian majesty has mora
powerfhl motives suggested to him by his own
devotioo, and your reverence's seal tbr God's
dory, to engage htm to afford os the best help
be can m our present circumstances. But we
are a little unhappy in this, that we cannot press
his majesty by his present minister here upon
these Utter arguments (which are most strong),
hat only upon the first, Mr. Rouvigny's sense
sad ours differing very much upon them,
though we agree perfectly upon the rest : And,
indeed, though be be a very able man, as to hit
master's service, in things where religion is not
concerned ; yet I believe it were much more
happy (considering the posture he is now in),
that his temper were of such a sort, that we
might deal defer! y with him throughout, and
not be forced to stop short in a discourse of
csBteqaeace, and leave the most material part
oat, because we know it would shock his par-
ticular opinion, and so perhaps meet with dis-
fte and opposition, though never so necessary
to the main concern. I am afraid we shall find
too much reason for this cam plaint in this neat
session of parliament ; For had we had one
here from his most Christian majesty, who had
taken the whole business to heart, and who
wouM have represented the state of our case
truly, as it is, to his master, 1 do not doubt but
ha most Christian majesty would have engaged
bboseif farther iu the affair than at present I
fear be has done, and by bis approbation have
pea such coons*- 1* as have been offered to his
TDjal highness bj those few catholics who
have access to him, and who are bent to serve
fcua tad advancer the catholic religion with all
$eir miglit, and might have more credit with
fen royal highness than i fear they have
fcood, and have assisted them also with his
parse as far as 10,000 crown9, or some such
Mm (which to him is very inconsiderable, but
would have been to them of greater use than
can be imagined), towards gaining others to
help them, or at least not to oppose them. If
*e bad been so happy as to have had his most
Christian majesty wtth us to this degree, I would
bare answered with my life for such success
thn ttsuons, as would have put the interest of
the catholic religion, his royal highness and
bniaost Christian majesty, out of all danger for
the time to come. Bat wanting those helps of
nxonunending those necessary counsels, which
bate been given his royal highness in such
manner as to make him think them worth his
accepting, and fit to govern himself by; and of
those airvantaces, which a little money, well
managed, would have gained us; I am afraid
*e shall not be much better at the end of this
sessions than we are now. I pray God we do
tot lose ground. By my next, which will be
ere long,%sball be able to tell your reverence
•ore particularly, what we are like to expect.
In the mean tine i most humbly beg «oer holy
prayers for ell our undertakings, and that you
will be pleased to honour me so far an to utter m
me what I am entirely, and without any reeetee*
Mon tres Reverend Pert, de votre JL
Le plus humble, plus obeisaMsevaiteur.?
[Several other Letters were read, but because
of prolixity they are omitted, these feeing m/>st
material,]
dtt. Gen. I have done with my evidence |
we need no more eroof against ham.
Pris. My Lord, I would, if your lordship
please, very Cain ask of Mr. Oates (because be
was pleased to say he was present with me i*
May or April), whether he knows the particular
days of the months.
[Here Mr. Oates (who being tired, withdrew
to rest himself) was called, and tbe prisoner
was asked, whether he would speak wtth Bed*
loe, but he desired not to speak with him.]
Oates. The consult that was held in May
New-stile, is April Old-stile ; it was within a
day, or two, or three of the consult }
Pris. Where was the consult ?
Oates. It was begun at the Whtte-Uore*
Taveru ; then they did adjourn it to several
clubs and companies, and yon came two or
three days after the consult to the ProviaoiaJV
chamber, we (hen desiring to go out of town,
Pris. Was you there, and who else ?
Oates. Thera was the provincial, and Micho
and Strange the old provincial, and Keiaeyour
companion.
Pris. What day of August was that at the
Savoy ?
Oates. I cannot swear the particular day ef
the month, I cannot so far charge my memory1.
The result at the consult in May **», that
Pickering and Groves should go on in their at-
tempt to assassinate the person of hts majesty
by (hooting or otherwise. Mr. Coleman kaew
of this, and said, it was a goad design.
L. C. J. Who was there } Was Mr. Cot*
man with them at the consultation J
Oates. No, my lord ; but two or three day*
after the consultation, he was at Wild-House,
and there he expressed that he approved of it.
L. C. J. Did he consent to it ?
Oates. He did consent to it. '
Just. Wild. Did he use no words about it?
Octet. He did shew his approbation of it.
But in those instructions, that weae brought to
Ashby, lie did say it was a very good pro position,
hut he thougltt the reward was too little.
L. C. J. Djd he use any words to declare
his assent ?
Oates. Two things lieeooehed in the 'ques-
tion, whether your lordship means the consul^
or the instructions he did approve of.
L. C. J. How long after the consultation
wo* it that he approved of it ?
Oates. It was two or three days before fee
did give his approbation. '
Just. Wild. What words did he say *
Oates. ' He did express his consent ; feutte
say the very words, I cannot tell.
59] STATE TRIALS, SO. Cjiasles II. 1678.— Trial tf Edward Coleman, [(*
authority and power upon us, which must be
the necessary consequence: How can this be
proved plainer than by your letter, to press the
French king that he would use bis power ?
Pris. Consider the contexture and connec-
tion of things, whether the whole series be not
to make the king and the duke (as far as I
thought in my power) as great as could be.
L. C.J. How well or ill you excuse the
fault, that is not the question ; they relate to
the duke most of them, little to the king. You
were carrying on such a design that you in-
tended to put the duke in the head of, in suich
method and ways as the duke himself would
uot approve, but rejected,
Pris. Do not think I would throw any
thing upon the duke. Though I might (in the
begioning of it) possibly make use of the duke's
name, it is possible (they say I did) , but can
any imagine the people will lay down money
200,000/. or 20,000/. with me upon the duke's
name, and not know whether the duke be in it?
And consequently nobody will imagine the
duke would ever employ any sum to tins king's
prejudice or disservice while be lived. 1 take
it for granted (which sure none in the world will
deny), that the law was ever made imme-
diately subject to the king or duke : and conse-
quently to the duke, I cannot think this will
ever be expounded by the law of England, or
die jury, to be treason.
L. C. J. What a kind of way and talking is
ibis? You have such a swimming way of
melting words, that it is a troublesome thing for
a man to collect matter out of them. You
give yourself up to be a great negotiator in the
altering of kingdoms, you would be great with
mighty men for that purpose; and your long
discourses and great abilities might have been
spared. The ibing these letters do seem to im-
port, is this, That your design was to bring in
popery into England, and to promote die inter-
est or the French king in this place, for which
you hoped to have a pension (that is plain}.
The duke's name is often mentioned, that u
true; sometimes it appears it is against his
will, and sometimes he might know of it,
and be told that the consequence was not
great. Now say you these sums of money and
alt that was done, it did relate to the king or
duke, and it was to advance their interest,
and you thought it was the way to do it. How
can this advance them, unless it were done to
do them service ? And if they do not consent
10 it, and how can this be treason, what kiud
of stuff is tins? You do seem to be a mighty
aiient, might not you for a colour use the duke
of York's name to drive on the Catholic
cause, which you was driven to by the priests
mightily, and think to get 200,000/. advance
money, and a pension fur your»elf, and make
yourself somebody for the present, and secre-
tary of state for the future? If you will make
any defence for yourself, or call in witnesses,
we will hear them; Say what you can; for
these vaiu inconsequential discourses signify
nothing. :
. L.C.J. Will you ask biro any more?
Prti. I would know the day in, August?
L. C J. He aaith he doth not remember
Jheday.
Oates. I believe, I will not be positive in
ft, it was about the 81st day of August.
Just. Wild, and Just. Jones. Was it in Au-
gust Old-stile ?^
' Oates. Yes.
Pris. I can prove I was in Warwickshire at
that time. That day ' be guesseth, the 91st
of August, I can make it appear I was fourscore
aulas off.
X. C. J. You will do well to prove you was
there when the guinea was given. Will you
ask any more?
Prii. No.
- L> C. J.' You may say as you will, but Mr.
Oates doth charge, that expressly in August
(according. to the English stile) you were at this
Wild-House, and that lie saw fourscore pounds
prepared. You, Mr. Coleman, asked the
question, what preparations were made for the
men going to Windsor? It was answered,
fourscore pounds are prepared: and yourself
fare a guinea for expedition. It is a hard mat-
ter to press a man to tell the precise day of the
Inontb, but positively he doth say it was in
August
* Prii. I was two and twenty or three and
twenty days in August in Warwickshire.
L.C. J What have you now more to say?
Prss. My Lord,! never saw Mr. Oates hut
in the council- chamber, I never saw him in
Borne, in other parts I never saw the face of
kirn, or knew him in my whole life ; nor did
I see the other till now in court, as I hope to
be saved. And then, my lord, us to their tes-
timopy, neither of them swear the self same
tact.
L. C.J. No man shall be guilty if denial
shall make him innocent : they swear to the
fact of killing the king, both of them, aud that's
.enough. If one saith you have a plot to poitou,
that is killing the king ; and the other swears
a plot to shoot, or stab him, that is to the
killing of the king also : then there is your own
undertaking, in your letter, under your hand.
Prig, For treason (with submission to your
lordship), I hope there is none in that, though
there are very extravagant expressions in it. I
hope some expressions explain it, that it was
not ray dt sign to kill the king.
JL C. J. No, your design was for the con-
version of three kingdoms, and. subduing of that
heresy that had reigned so long in this northern
part of the world : ' and/or ejecting whereof,
* there were never more hopes since our queen
* Mary's time till now, aud therefore pressing
1 the king of France,' to use his power ? aid
and assistance ? and does this signify nothing ?
Pris. Doth aid and assistance signify more
than, money ? the word aid in French is power,
they are promiscuous words.
L. C. J. You are cliarged to have had a
{Correspondency and agency with foreign power
to subvert our religion, and bring in foreign
«l]
STATE TRIALS, 30 Chaelks IL l078.-^r High Ttauftr.
[09
Pro, I have witnesses to prove I was in
Warwickshire. .
LC.J. (to Boatman a witness): Where was
Ms. Coleman io August last ?
- Roatnmn. In Warwickshire.
L. C. J. How long?
am. Ail August, to my best remem-
L. C. J. Can you say that he was in War-
wickshire all August? that he was not at
London?
Boatman. I am not certain what time of
the month Lie was in London.
L. C. J. That he was there in August, may
be very true; I do not ask how long he was in
Warwickshire, but was he no where else ? (To
which the witness could make no positive
answer.)
Prig, I was at lord Denby'i, and at Mr.
Francis Fisher's ; I was there at least SO days,
X. C. J. Have yon any more witnesses ?
Pri*. None.
L. C* J. If yon have a mind to say any
thing more, say what you can.
fru. I can say nothing more than what I
have said. Positively I say, and upon my sal-
vation, I never saw these witnesses, Oates but
once, and Bedlow never before.
Mr. Solicitor General, (Sir Francis Win-
aington):
May it please your Lordship, and 'you Gen-
tlemen of the Jury; The cause before you (I
dare adventure to say) is a cause of as great a
nature, and includes as great crimes, as ever
came to this bar.
It is not a cause of a particular treason, but
it is a treason that runs to the whole; the king,
the government, and the Protestant religion,
all are comprehended in it.
The defence the prisoner has made is so very
short and of so slight a nature, that I shall con-
tract myself very much in what I had to say,
and onlv state to the Court, and Jury, the
principal things I rely upon.
The first crime laid in the indictment, is the
design of killing and destroying the royal per-
son of his majesty. The second, the subvert-
ing of the government,»and io doing that, the
destruction of the protestant religion.
And these treasons have been punctually
proved, as well by two witnesses, as by letters
under Mr. Coleman's own hand, whereby he
corresponded with M. . La Chaise, the French
king's confessor, as also by the answers which
were sent by M. La Chaise to Mr. Coleman.
As to the proofs made by the witnesses, the
substance of them is this: Mr. Oates swears,
that in April last O. $., and May N. 8., there
was a peneral consult or meeting of the Jesuits,
at the White-Horse tavern in the Strand ; and
afterwards they divided themselves foto several
companies, or dubs; and in those consults
they conspired the death of the king ; and con-
trived bow to effect it. > The manner of it was
thus (as Mr. Oates positively swears): That
Grove ao4 Pickering were employed to murder
me king; tod their design was to pistol him in
St. James's Park. Grove was to have 1,500?
in money,' and Pickering (being a priest) was to
have 80,000 masses, which was computed to
be of eaual value to 1,500/. according to the
usual price in the church of Rome. And this
conspiracy and contrivance Mr. Coleman was
privy to, and did well approve of the same, as
Mr. Oates affirmetb upon his oath. So that
here is a plain treason proved upon the prn
soner, by his assemiug to the fact to be done,
the law not allowing any accessaries ia treason.
And this, in law makes the prisoner as guilty
as auy of the assassinates, who designed to kill
the kuig with their own bands.
If this design should fail, Mr. Oates swears,
that the conspirators intended, a further. at*
tempt upon the royal person of the king, when
he should be at Windsor; and four Irish at*
sassinates were provided . by Dr. Fogerthy,
whose names he would not tell, and fourscore
guineas were provided by Father Harcourt, a
Jesuit, to maintain the assassinates at Windsor,
till they should have effected their wicked design.
While the conspiracy was thus in agitetipn,
Mr. Coleman, the prisoner, went to visit Har-
court the Jesuit at his house in town ; bat
finding him not at home, and. being informed
that be was at Wild-House, Mr. Coleman went
thither and found him there ; and Mr. Cole*
man asking what provision Harcourt had made
for the gentlemen at Wiudsor; Haroottrt re>
plied, that there were fourscore guineas, which
then lay upon the table, which were to be sent
to them ; and said, that the person who was sat
the room was to carry them ; to which /Mr,
Coleman replied, he liked it very well; and
gave a guinea out of bis own pocket to thai
messenger who was to carry the money to
Windsor, to encourage him to expedite tlie
business. But in case the design of killing bis
majesty at Windsor should be any ways pre-
veuted, then there was a further conspiracy to
destroy the king by poison. Mr. Oates swears,
that in July last, Ashby (a Jesuit]) brought in-
structions to London from Flanders, that in
case Pickering and Grove could not kjll the
king at London, nor the four Irish assassinates
at Windsor, that 10,000/. was to be proposed
to sir George' Wakeman to poison the king.
But it did appear by the letters that passed be-
tween White the provincial (here in London)
and Ashby, that Mr. Coleman said, he thought
10,000/. was too little; and therefore thought
it necessary to offer 5,000/. more, which after-
wards was assented to by the Jesuits abroad.
And Mr. Oates swears, he saw letters from the
provincial at London to % the Jesuits at St
Omers, signifying, that sir George Wakeman
had accepted of the proposition, and received
5,000/. of the money. By which testimony of
Mr. Oates, it plainly appears, that Mr. Cole-
man, the prisoner at the bar, was privy to the
conspiracy, and aiding and abetting to the
wicked and damnable design of murdering the
king.
- The second Witness is Mr. Bedlow, who
swears that he was employed by Harcourt, the
«1
STATE TRIALS, 30 CfutaiBt II. I678.-/OI1 High Trcaton.
Jettety td daffy pacqtfets of letters to M, La
Chaise, rhe French king's confessor ; and fur-
tttetseys, he wartta consult in France* where
the* Plot was discoursed on for killing the king;
end did bring back an answer from La Chime
19 Hnreourt in London ; and swears particu-
larly* that on the 24th or 95th of May, 1677,
he was at Coleman's house with Father Har-
eourt «nd some other persons, where Mr. Cole-
man, discoursing of the great design in hand,
raid these w»nh following : u That if he had a
sen of blood, and an hondred lives, he would
lose (hem all to carry on the design ; and if to
effect this it were necessary to destroy an hon-
dred heretic kmgs he would do it." So that
here is another positive oath to an act of trea-
son, committed by Mr. Coleman, in relation
te the murdering the king.
t The other pari of the Evidence consists of
Papers and Letters, which generally relate to
prove the latter part of the Indictment, to wit,
ttoeentif potion of the protectant religion, and
introducing of Popery, and the subvening of
the government. And this appears by a Let-
ter written by Mr. Coleman) dated 29 Sept.
1*3*5, and sent to M. La Chaise, the French
king's confessor; wherein he gives him an ac-
eoeat ef the transactions of several years be-
fove, and of the correspondence between Mr.
Cokeriaaj and M: Ferner predecessor of La
Cbaise; wherein be does also assert, that the
trite way to carry on the interest of France
and the* promoting of the Popish religion here
m England, was to get this parliament dissolv-
ed; which (says be) had been longsioce effected,
If 9QQ,0O0lx could have been obtained from
thai French king; and that things yet were in
iUCh a posture, that if he had but 90,000/.
( sent hmV from France, he would be content to
be1*- sacrifice to the utmost malice of. his ene-
mies, if the Protestant religion did not receive
stfch st blow us it could not subsist. And the
recerat-of this Letter was acknowledged by M.
Lsj Gluts*, in an Answer which be wrote to Mr.
Colesnan, dated from Paris October *3, 1675,
in which he give* him thanks for bis good ser-
vice, in-order to the promoting the Popish re-
SeVeral either letters hive* been produced
seel -reed, which were written bv Mr. Cole-
nttA'to M. Fetti'er and •others, And more parti*
cnJavty one letter dated August SI, 1671,
written by Mr. Coleman to the pope's inter-
nuncio-at Brussels; wherein he says, the Da-
slim prospered so well, that he doubted not
but in a little time the business would be ma-
itifeefr, to the utter rain of the Protestant
pa*?.
And by other letters he writes to the Frdnch
kht^s confessor, that the assistance of his Most
Gbrsltiein majesty is necessary, smd desires
ssferfey from the French king to carry on the
But there is one letbr without date, more
bloody than all the rest, which was written td
IftVLar Chaise in some short time after the
hshg letter of Sept. 4», 1675/ wherein among
[04
many other things, Coleman expresses himself:
" We have a mighty work upon our hands, no
less than the conversion of three kingdoms, and
the utter subduing of a pestilent heresy, which
hath for some time domineered over this
Northern part of the world; and we never had
*i great hopes of it since our queen Mary's
days." And in the conclusion of the letter he
implores M. La Chaise to get aU the aid and
assistance he can from France, and that next
to God Almighty tbey did rely upon the mighty
mind of his most Christian majesty, and there-
fore did hope La Chaise would procure money:
and assistance from him.
Now, any man that considers the contents
of these Letters, must needs agree that the
latter part of the Indictment, to wit, the tree*
son of endeavouring the subverting the govern*
ment and the Protestant religion, is fully proved
upon Mr. Coleman, the prisoner at the bar ;
and that these letters were written by bins, and
the answers received, he does not deny. . But
ail he has to say for himself, is, that it w&4 to
make the king of England great ; whereat thfe
contrary is most manifest, because the Jesuits
who love force and tyranny, always adhere to
those princes that are greatest in strength and
power. For it appears in history, that whets
the house of. Austria were in their greatness,
and like to arrive to the universal monarchy
in these parts of the world* the Jesuits all ad-
hered to that house : but since the French king
hath grown more mighty in power and great**
nets, they declined the interest of the Austrian
family, and do now promote • the counsels of
France, thinking that now that king will be-
come the universal monarch.
I shall therefore now* conclude the Evidence,
only observing to the jury, that the several
treasons in the indictment ere fully proved.
Tlie first, as to the destruction of the royal
person of the king, by two witnesses, Mr*
Oatesand Mr. Qedlow; the other -pert of it*
viz. the subversion of the government, and ex-
tirpation of the Protestant religion, by the se-
veral letters which have been before remem*
beTed, which have not been denied by the pri-
soner to be his. Therefore I hope, gentle-
men, that when you meet with offenders that
are guilty of such stupendous crimes, you will
do justice upon them, which will be great com-
fort and satisfaction to the king and aM hie
good Protestant subjects.
Serj. Pembertak. Gentlemen, you bear the
crime is of the highest nature, it is the subver-
sion of three kingdoms, and the subduingof that
religion which he defames by the name of
* PeWeht Heresy/ It concerns us aU to look
about us, and all the kingdom, when there
Shall he a design managed in this manner, to
destroy our king, and to take away our reli-
gion, and to enslave' us ell' te the pope, end
make us all truckle to tlie priests.
It is wonderful k is capable (at ibis day) of*
so great evidence, there is DigHus Dei in it,
or else it would be impossible such a thing
sbooM be made tomam&st: aU the rest the*
€5]
STATE TRIALS, 30Chahi.es II. \6l$.—jbr High Treason.
[<K>
» aid in the Indict me Dt are bat circumstances
that declare it : there is a strong evidence of
many matters of fact in this design, which de-
clare the intention hatched in his breast for
Buoy years together: here hath been a design
to kill the king, and he doth not only consent
to it, bat commend it ; what can be said to his
giving the money to him that was to pay itie
Jourscore pieces of gold to those ruffians sent
to Windsor ? and adding 5,000/. to the 10,000/.
for the doctor that was to poison the king?
He denies all.
No question bat a man that hath had a
heart to design »uch contrivances, will have
the Jace to deuy it publicly : it is a thing to be
acted in the dark. But there is both* Mr.
Oatesand Mr. Bedlow plainly prore it upon
him, that he consented to the acting the king's
death. What is the sense of his letters, but to
shew his design, and to beg the assistance of
France to them in their necessities r* The whole
correct is- to destroy our religion, I think you,
gentlemen of the jury, have bad such evidence
as win satisfy any man.
Proaaer. I deny all Mr. Oates's testimony,
for his saying to the council he did not know
me because he could not see me, when I was as
near as the next gentleman but one, but knew
me when I spake, and I spoke to almost all the
matters asked. He ace u set h me of a thing in
August, but names not the day : now if there
be one error in bis testimony, it weakens all
the rest. 1 went out of town on the 10th of
August, it was the latter end I came home,
about the middle of Bartholomew fair, the las*
bay of August.
L C. J. Have you any witness to prove that ?
Prig. I cannot say I have a witness.
2*. C. J. Then you say nothing.
Pris. People cannot speak to a day, to a
thing they neither imagined or thought of.
L. C. /. I ask your servant, do you know
when sir. Coleman went out of town ? |
CoiemnitSero. Jn August ; I cannot say par-
ticularly the day.
L. C. J. Do you know when he came home ?
Serv. I cannot remember.
Just. Wyld. Where was you the last Bar-
thojomew-day ?
Serv. I was in town.
Jest. Wyld. Where was your master ?
Sere. I do not remember.
L. C. J. You say yon went out of town tbe
10th, and came home the last of August ; you
say k is impossible that he should say right,
bat yet you do not prove it.
Pru. Tinrre no more to say bat I entered
down all my expences every day in a book,
which boot will shew where I was.
X. C J. Where is your book ?
Prat. At my lodgings in Vere-Street by
Ceteat-Oarden ; in a trunk that came by the
carrier, that will shew when they were sent.
L. C. J. If the cause did turn upon that
natter, I would be well content to sit until
the book was brought; bat I doubt the cause
vfltaot stand upon that foot ) but if that wene
T0UTD.
the case it would do you little good. Observe
what I say to the jury.
My Lord Chief Justice his Speech to the Jury
upon bis summing up of the Evidence.
Gentlemen of tbe jury; my care at this time
shall be to contract this very long evidence,
and to bring it within a short compass, that you
may have nothing before you to consider of,
as near as I can, but what is really material
to the acquitting or condemning of Mr. Cole*
man.
The tilings he is accused of are two sorts ;
the one is, to subvert the Protestant religion
and to introduce Popery : the other was to de-
stroy and kill the king. The evidence likewise
was of two sorts; the one by letters of his
own hand-writing, and the other by Witnesses
viva voce. The former he seems to confess,
the other totally to deny.
For that he cf mfetseth, he does not seem to
insist upon it, that the letters were not his, he
seems to admit they were ; and he rather
makes his defence by expounding what the
meaning of these letters were, than by denying
himself to be the author.
I would have you take me right, when I say '
he doth adroit; he doth not admit tbe con-
struction, that the king's counsel here makes
upon them ; but he admits that these letters
were his. He admits it so far, that he does
not deny them. So that you are to examine
what these letters import in themselves, and
what consequences are naturally to be deduced
from them.
That which is plainly intended, is to bring
in the Roman Catholic, and to subvert the
Protestant Religion. That which is by conse-
quence intended, was the killing the king, as
being the most likely means to introduce that, *
which, as it is apparent by his letters, was de- ,
signed to be brought in.
For the first part of the Evidence. All his
great long letter that he wrote, was to give
the present confessor of the French king an
account of what had passed between him and
his predecessor; by which agency, you may.
see that Mr. Coleman was in with the former
confessor.
And when he comes to give an account of .
the three years transactions to this present
confessor, and to begin a correspondence with
him, about what is it? Why, the substance of
the heads of the long Letter comes to this. It
was to bring in the Catholic as he called it,
(that is) the Romish Catholic religion, and to ,
establish that here ; and to advance an interest
for the French king, be that interest what it
will.
It is true bis letters do not express what sort ,
of interest, neither will I determine : but they
say it was to promote the French king's in* ,
terest, which Mr. Coleman woejt) expound in
some such sort, as may consist with tbe king of
England's and the duke of York's interest.
But this is certain, it was to subvert our reli-
gion, as it is now by law established. This
F
6T) STATE TRIALS, SO Charles II. 1678.— Trial qfEdicard Coleman,
[•«
was the great end thereof, it cannot be denied :
Co promote the interest, I say, of the French
king, and to gain to himself a pension as a
reward of his service, is the contents of his first
long letter, and one or two more concerning
that pension.
His last letters expound more plainly what
was meant by the Frencli king's interest.
u We are" (saith be) " about a great work, no
less than the conversion of three kingdoms,
and the total and titter subversion and sub-
duing of that pestilent heiesy " (that is the Pro*
testant Religion) " which hath reigned so long
in this Northern part of the world ; and for the
doing of which, there never was such great
hopes since our queen Mary's days, as at this
Itmer
' Now this plainly shews, thai our religion was
to be subverted, Popery established, and the
three kingdoms to be converted ; that is, in-
deed, to be brought to confusion. For I say, ,
that when our religion is to be subverted, the'
nation is to be tab verted and destroyed, that is
most apparent : for there could be no hope of
subverting or destroying the Protestant reli-
gion, but by a subversion not conversion of the
three kingdoms. How was it to be done other-
wise t Why, I would have brought this reli-
gion in (says he} by dissolving of the parlia-
ment, I would nave brought it in by an edict
and proclamation of Liberty of Conscience. In
tfcese ways I would have brought it in.
Mr. Coleman knows it is not fit for him to
own the introducing of his religion by the mur-
der of the king, or by a foreign force. The one
'was too black and the other too bloody, to be
owned. And lew people (especially the Eng-
lish) will be brought to save their lives (as he
may do bis) by confession of so bloody and bar*
tarous a thing, as an intention to kill the king,
or of levying 'a war ; which, though it be not a
particular, is a general murder. I say, it was
not convenient for Mr. Coleman, when he seems
to speak something for himself, to give such an
account, how he would have done it ; There-
fore he tells us, be would have done it by the
dissolving of the parliament and by toleration
of religion. Now I would very fain know of
any roan in the world, whether this was not a
very fine and artificial covering of his design for
the subversion of our religion ?
Pray, how can any man think, that the dis-
solving of the parliament could have such a
mighty influence to that purpose ? it is true, he
might imagine it might in some sort contribute
Cowards it : yet it is so doubtful, that he him-
self mistrusts it. For he h sometimes for the
dissolving of the parliament, and other times
not, as appears by his own papers: for which
we are not beholden to him, so much as for
any one, more than what were found by acci-
dent, and produced to the kin;* and council.
But in truth, why should Mr. Coleman believe
that another parliament (if this parliament
were dissolved) should, com ply with Popery;
that is to say, That there should be great hopes
of bringing in of Popery by a new parliament ?
unless he can give me a good reason for tins, f
shall hold it as insignificant and as unlikely to
have that effect, as his other way by a general
toleration. '
And therefore next, Upon what gronnd does
he 'presume this ? I do assure you, that man
does not understand the inclinations of the
English people, or knows rheir tempers, that
thinks, if they were left to themselves and had
their liberty, they would turn Papists. It is
true, there are some amongst us that hnve so
little wit as to turn Fanatics, but there is hardly
any, but have much more wit than to turn
Papists. These are therefore the counterfeit
pretensions of Air. Coleman.
Now, if not by these means, in what way
truly did he intend to bring in Popery ? why,
his own letters plainly convict him of one step
towards it, in endeavouring with foreign powers
to bring in that religion, and to subvert ours.
And for tlie other way of doing it, by killing
the king ; I leave it to you whether there were
any more probable way than that indeed to
do it.
And could he think, that the French king
would not have thought himself cozened of hi*
money, if he had not given him hopes that he
would use the most probable methods that be
could, to effect his design ?
Therefore, there mus-t be more in it : for be
that was so earnest for Unit religion, would not
have stuck at any violence to bring it in; he
would not have stuck at blood. For we know
their doctrines and their practices, and we
know well, with what zeal the priests push
them forward to venture their own lives, and
to take away other mens, that differ from theni,
to bring in their religion, and to set up them-
selves. For indeed in the kingdoms and coun-
tries where Popery reigns, the priests have do-
minion oier men's consciences, and power
over their purses. And they use all arts ima-
ginable of making proselytes, and take special
care, that those in their communion shall
know no more than the priests shall give them
leave to understand. And for this reason they
prohibit the use of all books without their li-
cence. This blind obedience begets blind ig-
norance, and this is a great subtilty of theirs
to keep, them in it, that they may perfectly
submit to tbem.
What, cannot they command, when they
have made others slaves in their understand-
ings, and that they must know no more, than
what; they give them leave to know ? but irv
Borland it is not so, RTr. Coleman ; and
therein yon would have found a great disap-
pointment. For if liberty of conscience had
been tolerated here, that the consequence of it
would have been Popery, I deuy.
Nothing is more unlikely ; for though in the
short reign of queen Mary, Popery came in
for some time, which was but for a 'little- time.
and then the people wcie not so well grounded
in the Protestant religion, nor in the principle*
of it t but now they are, insomuch, that scarce
a colter but u able to oaffle any Komaa
»3
STATE TRIALS, 30 Charles il. l67bWfr High 'IrraKm,
tm
prist feat ever I saw or met with. And thanks
be tr* God we have a preaching ministry, and
the free use of the Scriptures allowed amongst
os, which they are not permitted to have.
And alter this I wonder, that a man, who hath
been bred up in the Protestant religion (as I
ba\e reason to believe that you Mr. Coleman
h i\-e been,) for (if I am not misinformed; your
iuhcr » as a minister in Suffolk; for such an
r*ne to depart from it, is an evidence Against
you, to t prove the Indictment. I must make a
duT^reace between us, and those who hate
been always educated that way, and so are
under the prepasbessiou of their education,
which is a d.Sicak thing to he overcome.
And I do assure you, there are hut two
things, that I know of, can make one do it,
iorerest, or gross ignorance. No roan of uu-
cier&taDdicg, but for by-ends, would have led
Lis religion to he a Papist. And for you, Mr.
Coleman, who are a man of reason and sub-
lilt?, I must tell you (to bring this to your-
sell*) upon this account, that it could not be
cos^cietice, I cannot thiuk it to be conscience.
Yccr pension was your conscience, and your
Secretary's place your bait.
For such men (Isav) as have been bred up
in the Protestant religion, and left it, I can
lordly presume that they do it out of con-
science, unless they do it upon a mighty search,
not leaning upon their own understanding and
abilities, not hearing of one side alone. Con-
science ii a tender thing, conscience will trem-
ble when it leaves the religion it has been bred
is, and its sincerity is shown by being fearful,
lest it &hould be in the wrong. No man may
pretend to conscience truly, that takes not all
cowses imaginable to know the right, before
be lets Lis religion slip from him.
Have we so soon forgot our reverence to the
late king, and the pious advice he left us ? A
king chat was truly a Defender of the Faith, not
only by his title, but by his abilities and writings.
A king, who understood the Protestant religion
so well, that be was able to defend it against
any of the cardinals of Rome. And when he
knew it so thoroughly, and died so eminently
for it, I will leave this characteristic*! note,
That whosoever after that departs from liis judg-
ment, had need have a very good one of his
own, to boar him out.
I do acknowledge, many of the popish
priests formerly were learned men, and may he
so soil, beyond the seat : but I could never
yet meet with any here, that bad other learning
er ability bat artificial only, to delude weak
women, and weaker men. They have, indeed,
ways of conversion, and conviction, by en-
lightening our understandings with a raggot,
and by the powerful and irresistible arguments
ef a daggers But these are such wicked sole-
cisms in their religion, that they seem to have
left them neither natural sense, nor natural
conscience, not natural sense, by their ab-
asrdtty, in so unreasonable a belief, as of the'
wine turned into blood: Not natural con*
tnence, be their cruelty, who make the Pfcotes-
tanls blood as wine, and these priests (hirst
after it ; ' Tantum religio pctuit suadere luulo-
' rum ?'
Mr. Coleman, in one of his letters, speaks of
routing out ' our religion and party ;' And lie
is in the right, for they can never root out the
Protestant religion, but they must kill the Pro-
testants. But let him and them know, if ever
they shall endeavour to bring popery in, by de*
stroking of the kine, they shall find, that the
papists will thereby bring destruction upon
themselves, so that not a man of them would
escape—' Ne Catulus quidem relinquendus.'
Our execution shall be as quick as their gun-
powder, but more effectual. And so, gentle-
men, I khall leave it to you, to consider, what
his Letters prove him guilty of directly, and
what by consequence ; What he plainly would
have done, and then, how he would have done
it; And whether you think his fiery seal had
so much cold blood in jt, as to spare any
others? For the other part of the Evidence,
which is by the testimony of the present wit-
nesses, yoj have heard them. I will not de»
tain you longer now, the day is going out.
Mr. J. Jones. You must find the prisoner
guilty, or bring in two persons perjured. -
L. C. J. - Gentlemen, If your consultation *
shall be long, then you must lie by it all night,
and we will take your verdict to-morrow
morning. If it will not be long, I am content
to stay a while.
Jury. My lord, we shall be short* x
J. Wyld. We do not speak to you to make
more haste, or less, but to take a lull consulta-
tion, and your own time; There is the death
of a man at the stake, and make not too much
haste. We do not s^peak it on that account.
The Jury went from the bar, and returned.
Court. Are you all agreed of your verdict?
Jury. Yes.
Court, Who shall speak for you?
Jury. The foreman.
Court. Edward Coleman, hold up thy band r
Court. Is Edward Coleman Guilty of the
high-treason whereof be stands indicted, or
Not Guilty }—Jury. Guilty, my lord.
Court. What goods, chattels, fee.
Prisoner. You were pleased to say to the jury,
that they must either bring me in Guilty, or
two persons perjured ; I am a dying man, and
upon my death, and expectation of salvation,
declare, That I never saw these two gentlemen,
excepting Mr. Oates, but once in all my life,
and that was at the council table.
L. C. J. Mr. Coleman, your own papers
are enough to condemn you.
Court. Cant. Richardson, you must bring
Mr. Coleman hither again to-morrow morning
to receive his Sentence.
The Day following being November the 98th,
Mr. Coleman was brought to the Bar, to
receive his Sentence, and the Court pro-
ceeded thereupon as followeth :
L. C. J. Ask him what he can say for him*
self; Make silence, crier*
71 ] STATE TRIAU5, SO Charles II. 1 07 8.— Trial of Edward Coleman, ' [73
CI. ofCr. Edward Coleman, hold up thy
hand. Thou hast been indicted of high trea-
son, thou hast thereunto pleaded Not Guilty ;
thou hast put thyself upon God and thy coun-
try, which country hath found thee Guilty ;
What canst thou . say for thyself, wherefore
judgment of death should not be given against
thee, and an execution awarded according to
law?
Mr. Coleman, May it please you, my lord,
I have this to say for inyseli ; As for my papers,
I humbly hope, (setting aside Oral Testimony)
that I should not have been found guilty of
any crime in them, but what the act of grace
would have pardoned, and I hope I shall have
the benefit of that; The evidence against me,
namely Oral, I do humbly beg that you would
he pleased to give me a little time to shew you,
how impossible it is that those testimonies
should be true ; For that testimony of Mr.
Oates io August, my man, that is now either in
the court or hall, hath gotten a book that is
able to make it appear, that I was out of town
from the 15th of August to the 3 1st of August
late at night.
L. C. J. That will not do, Mr. Coleman.
Coleman. I p!o humbly offer this, for this
reason ; because Mr. Oates, in all hit other evi-
dences, was so punctual, as to distinguish be-
tween Old Stile and New, he ntver missed tlie
month, hardly the week, and oftentimes put the
very day ; for his testimony that he gave against
me, was, that it was the 21st of August.
L. C. J. He thought so, but he was not po-
sitive, but only as to the month.
Coleman. He was certain it was the latter
end of August, and that about Bartholomew-
tide.
L. C. J. He conceived so, he thought so.
Coleman. Now if I was always out of town
from the 15th day of August, to the 31st late at
night, it is then impossible, my lord, that should
he a true testimony. Your lordship was pleased
to observe, that it would much enervate any
man's testimony, to the whole, if he could be
proved false in any one thing. I have further
in this matter to say, besides my tuan's testi-
mony, the- king hatb, since I have been seized
on, seized on my papers and my book of ac-
counts, where I used punctually to set down
where I spent my money ; and if it doth not
appear by that book that I was all those days
and times, and several other days in August,
to he out of town, I desire no favour. You
cannot suppose, my lord, nor the world be-
lieve, that 1 prepared that book for this purpose
in this matter ; and I can make it appear by
others, if I had time ; but I only offer this to
your lordship, that seeing Mr. Oates did name
so many particulars and circumstances, it is
very strange, that lie should fail in a particular
of such importance as about killing the king;
and no map living of common sense would think
or believe that I should speak about such a
thing in company that 1 did not well know, and
this to he done frequently and oftentimes, as he
asserts it; when Gates seemed u> the king and
council (and I believe the king himself remem-
ber* it) when I was examined, that he did not
know me, that he knew nothing of me, so that
here is two things againn this witness that can
hardly happen again. — My circumstances aro
extraordinary, and it is a great providence, and
I think your lordship and the whole world will
look upon it as such, if <for any crimes that are
in my papers, if there be any mercy to be shew-
ed me by the king's gracious act of pardon, I
humbly beg that I may have it.
L. C. J. None.
Colanan. If none, I do humbly submit ; but
I do humbly hope with submission, that those
papers would not have uecn found treasonable
papers.
L. C. J. Those letters of yours, Mr. Cole-
man, were since the act of pardon ; yolir papers
bear date 1674, 1675, and thpre hath been no
act since. But as for what you say concerning
Mr. Oates, you say it in vain now, Mr. Cole-
man, for the jury hath given in their verdict,
and it is not now to be said, for after that rate
we shall have no end of any man's trial ; but
for your satisfaction, Mr. Coleman, to the best
of my remembrance, Mr. Oates was positive
only as to the month of August, he thought it
might be about the 21st day, or about Bartholo-
mew fair time ; but he was absolute iu nothing
but the month.
Colt man. He was punctual in all his other
evidences, but in this he was not ; and when I
was examined at the council table, he said he
knew little of me.
L. C. J. He charged you positively for hav-
ing held conspiracy to poison the king ; and
that there was 10,000/. to be paid for ir, and
afterwards there was 5,000/. more to be added ;
and he positively charges you to be the person
that amongst all the conspirators was reputed
to pay the 5,000/.
Coleman. He said it after such a fashion.
L. C. J. He said it after such a fashion that
sir Robert Southwell and sir Thomas Doleman
satisfied us that he did the thing, and that
plainly to his understanding; and what say yon
he said r - >
Coleman. That he did not know me.
L. C. J. Neither of them say so, that be
said he did not know you, they deny it.
Coleman. lie said so, upon my death.
L. C. J. It is in vain to dispute it further,
there must be an end.
Crier, make O Yes ! Our sovereign lord the
king doth straitly charge and command all per-
sons to keep stleuce while Judgment is given
upon the prisoner convict, upon pain of impri-
sonment.
L. C. J. You are found guilty, Mr. Cole-
man, of high treason, and .the crimes are seve-
ral that you are found guilty of. You are found
guilty of conspiring the death of the king ; you
are likewise found guilty of endeavouring to
Subvert the Protestant religion as it is by law
established, and to bring in popery, and this by
the aid and assistance of foreign powers. And
I would not have you, Mr. Coleman, in your
«1
STATE TRIALS, 50 Charles II. 1678.— /or High Treason.
[74
list apprehension of things, to go out of the
-world with a mistake, if I could help it ; that is,
I would oot have you think, that though you
only seem to disavow the matter of the death
of the king, that therefore you should think
yourself an innocent man. You are not ieno-
cent, I am sure; for it is apparent by that
which cannot deceive, that you are guilty of
contriving and conspiring the destruction of the
Protestant religion, and to bring in Popery, and
that by the aid and assistance of foreign powers,
and this no man can free you in the least from.
And know, that if it should he true, that you
woeld disavow, that you had not an actual hand
» the contrivance of the king's death (which
two witnesses have sworn positively against
yoO: Yet be that will subvert the Protestant
rdi^'on here, and bring in consequently a fo-
reign authority, does an act in derogation of the
cro*r., and in diminution of the king's title and
f-'.erci^n j>ov*er, and endeavours to bring a fo-
reign dominion both over our consciences and
estates. And is any man shall Endeavour to
subvert our region to bring in that, though he
did not actoallv contrive to do it l>v the death
0
of the king, or it may be not by the death of any
oce man, yet whatsoever follows upon that
contrivance, be is guilty of; insomuch it is
greatly t> be feared, that though you meant
oniv to bring it iu by the way of dissolving of
pari taments, or by liberty of conscience, and
»ch ki.:d or innocent ways as you thought;
yet if so I c those means should not have proved
effectual, and worse should have been taken
(though by others of your confederates) for to
go through with the work, as we have great
reason to believe there would, you are guilty
of all that blood that would have followed.
But still yoa say you did not design that
thing ; but to tell you, he that doth a
sinfafc and unlawful act, must answer, and is
liable butti to God and man, for all the con-
sequences that attend it, therefore I say you
ought not to think yourself innocent. It is
pucnbJe yoa may be penitent, and nothing re-
mams bit that. And as I think in your church
you allow of a thing called attrition, if yon can-
not with our church have contrition, which is
a sorrow proceeding from love, pray make use
of attrition, which is a sorrow arising from fear.
For yoa may assure yourself, there are hut a
few moments betwixt you and a vast eternity
where will be no dallying, no arts to be used,
therefore tfeinfc on all the good you can do in
tins little apace of time that is left you ; all is
little enough to wipe off (besides your private
aod secret offences) even your public pues. 1
do know that confession is very much owned in
your church, and you do well in it ; but as your
offence is public, so should your confession be;
md it will do you more service than all your
aoricoJar confessions. Were I in your case,
there should be nothing at the bottom of my
heart that I would not disclose. Perchance
yau may be deluded with the fond hopes of
baring your sentence respited. Trust not to
it, Mr. Coleman. You may be flattered to
stop your mouth, till they have stopped your
breath, and I doubt you will find that to be the
event. I think it becomes yo«i as a man, and as
a christian, to do all that is now in your power,
since you cannot be white, to make yourself as
clean as you can, and to fit yourself for another
world, where you will see how vain all resolu-
tions of obstinacy, of concealment, and all that
sort of bravery which perhaps may be instilled
by some men, will prove. They will not then
serve to lessen, hut they will add to your fault.
It concerns us no farther than for your own good,
and do as God shall direct yon ; for the truth is,
there are persuasions and inducements in your
church to such kind of resolutions and such kind
of actious, which you are Jed into by false
principles and false doctrines (and so you will
find when you come once to experiment it, as
shortly you will) that hardly the religion of a
Turk would own. But when Christians by any
violent bloody act attempt to propagate religion,
they abuse both their disciples and religion too,
aod change that way that Christ himself taught
us to follow him by. It was not by blood or
violence; by no single man's undertaking to dis-
turb and to alter governments ; to make hurly-
burhes, and all the mischiefs that attend soch
things as these are.
For a church to persuade men even to the
committing of the highest violences under a
pretence of doing God good service, looks not
(in my opinion) like religion, but design ; like
an engine, not a holy institution; artificial as
a clock, which follows not the sun but the set*
ter ; goes not according to the bible, but the
priest, whose interpretations serve their par-
ticular ends, and those private advantages
which true religion, would scorn, and natural
religion itself would not endure. I have, Mr.
Coleman, said thus much to you as you are a
christian, and as 1 am one, and I do it out of
great charity and compassion, nnd with great
sense and sorrow that you should be misled to
these great offences under pretence of religion.
But seeing you have but a little time, 1 would
have you make use of it to your best advan-
tage ; for I tell you, that though death may be
talked of at a distance in a brave heroic way,
yet when a man once comes*, to the minute,
death is a very serious thing; then you will
consider how trifling all plots and contrivances
are, and to how little purpose is all your con-
cealments. I only oner these things to your
thoughts, and perhaps they may better godown
at such n time as this is than at another ; and
if they have no effect upon you, I hope they
will have some as to my own paiticular, iu that
I have done my good will. I do remember
you once more, that in this mutter you be out
deluded with any fantastic hopes and expecta-
tions of a pardorf, for the truth is, Mr. Cole-
man, you will be deceived ; therefore set yoor
heart at rest, for we are at this time in such dis-
orders, and the people so continually alarmed
either with secret m orders, or some outrages
and violences that are this day on foot, that
though the king, who is foil of mercy almost
75] STATE T&iALS, 30 Charles 1L
to a Aiuit, yet if lie should be inclined that way
I ?eri!y believe both Houses would interpose
between that and you. I speak cliis to shake
off all vain hopes from you ; for I tell you, I
verily believe they would not you should have
any twig to hold by to deceive you : so that now
you may look upon it, there is nothing will
save you, for you will assuredly die as now you
Kve, and that very suddenly. ^ In which I hav-
ing discharged my conscience to you as a
christian, I will now proceed lo pronounce Sen-
tence against you, and do my duty as a judge.
You shall return to prison, from theuce to
be drawn to the place of execution, where you
shall he hanged by the neck, and be cut down
alive, your bowels burnt before your face, and
your quarters severed, and your body disposed
of as the king thinks fit ; and so the Lord have
mercy upon your soul.
Coleman. My lord, I humbly thank your
lordship, and I do admire your charity, that
you would be pleased to give me this admirable
counsel, and I will follow it as well as I can,
and £ beg your lordship to hear me what I am
going to say: Your lordship, most chiibUun-
like, hatb observed wisdv, that concession is
extremely necessary to a dying man, and I do
so too; but that confession your lordship I
suppose means, is of a guilty evil conscience
in any of these points that I am condemned
for, ' Of* maliciously contriving/ &c. If I
thought I had any such guilt, I should as-
suredly think myself damned now I am going
out of the world by concealing them, in spite of
all pardons or indulgences, or any act that the
Pope or the Church of Home could do for me,
as I believe any one article of faith. Therefore
pray hear the words of a dying man; I have
made a resolution, I thank God, not to tell a
lie, no not a single lie, not to save my life. I
hope God will not so far leave me as to let me
do it ; and I do renounce all manner of mercy
teat God can shew me, if I have not told the
House of Commons, or offered it to the House
of Commons, nil that I know in my whole heart
toward this business ; and I never in all my life
either made any proposition, or received any
proposition, or knew or beard directly or in*
directly of any proposition towards the sup-
planting or invading the king's life, crown or
dignity, or to make any invasion or disturbance
to introduce any new government, or to bring
in popery by any violence or force in the world;
if I have, my lord, been mistaken in my me-
thod, as I will not say but I might have been ;
for if two men differ, one must be mistaken ;
therefore possibly I might be of an opinion,
that popery might come in if liberty of con-
science had been granted; and perhaps all
Christians are bound to wish all people of chat
religion that they profess themselves, if they
are in earnest : 1 will not dispute those ills that
your lordship may imagiue to be in the Church
of Rome; if I thought there was any in them, I
would be sure to be none of it. I have no de-
sign, my lord, at all in religion but to be saved;
and I had do manner of invitation to invite me
7
167S.— TYial qf Edward Coleman,
[76
| to the Church of Rome, no not one, but to be
saved ; ii I am out of tne way, I am out of the
way, as to the next world as well as this; I have
nothing but a sincere conscience, and I desire
to follow it as I ought. I do confess I am
guilty of many crime*, and I am afraid all of
us arc guilty in some measure, of some failings
and infirmities ; but in matters of this nature
that 1 now stand condemned for, though I do
not at all complain of the court; for I do con-
fess I have had all the fair play imaginable, and
I have nothing at all to say against it; but I
say as to any one act of mine, so far as acts
require intention to make them acts, as all hu-
man acts do, I am as innocent of any crime
that I now stand charged as guilty of, as vtfien
I was first born.
L. C. J. That is not possible.
Coleman. With submission, I do not say in-
nocent as to any drime in going against any
act of parliament, then it is a crime to hear
mass, or to do any act that they prohibit; but
for ii.t£ndiu;i aud endeavouring to bring in that
religion by the aid and assistance of the king
of France, I never intended nor meant by that
aid and assistance, any force in the world, bat
such aids and assistances as might procure us
liberty of conscience. My lord, if in what I
have said nobody believes, me, I must be con*
tent ; if any do believe me, then I have wiped
off those scandalous thoughts and abominable
crimes, that, &c and then I have paid a little
debt to truth.
L. C. J. One word more, and I have done.
I am sorry, Mr. Coleman, that I have not
charity enough to believe the words of a dying
man ; for I will tell you what sticks with me
very much : I cannot be persuaded, and no-
body can, but that your Correspondence and
Negociations did continue longer than the Let*
ters that we have found, that is, after 1675.
Now if you had come and shown us your Books
and Letters, which would have spoke for them-
selves, .1 should have tliought then that yon
had dealt plainly and sincerely, and it would
have been a mighty motive to have believed
the rest; for certainly your correspondence
held even to the time of your appreliensioss,
and yon have not discovered so much as one
paper, but what was found unknown to you,
and against your will.
Coleman. Upon the words of a dying man,
and upon the expectation 1 have of salvation,
I tell your lordship, that there is not a book nor
a paper in the world that I have laid aside
voluntarily.
X. C. X- No, prrhaos you have burnt them.
Coleman. Not by tne living God.
L. C. J. I hope, Mr. Coleman, you will not
say no maimer of way.
Colzman. For my correspondence these two
last years past, I have given an (account of
every letter ; but those that were common let*
ters, and those books that were in my house,
what became of them I know not ; they were
common letters that I used to write every day,
a common journal what put at home and
STATE TRIALS, 30 Charles II. 1078.— /or High Treason.
abroad. My men they writ there out of that
book.
L.CJ. What became of those letters ?
Coleman. I h-H no letters about this bosi-
aess, but wbatl have declared to the House of
Commons, that is, letters from St. Germans,
which I owned to the Hoose of Commons; and
I had no methodical correspondence, and I
sever valued them nor regarded them, but as.
they came 1 destroyed tbem.
L.C.J. I remember the last letter that is
ptea is evidence against you, discovers what
mighty hopes there was, tbat tbe time was now
come wherein that pestilent heresy, that bath
domineered in this northern part of the world,
should be extirpated ; and that there never was
greater hopes o£ it since our queen Mary's
icigs. Pray, Mr. Coleman, was that the con-
doling letter in this affair ?
Coimnn. Give me leave to say it upon the
word of a dying man, I have not one letter, &c
JL C.J. What though you burnt your let-
tea, you may recollect the contents.
Cocoa*. I had none since —
X. C J. Between God and your conscience
be it, I have other apprehensions; and you
deserve your Sentence upon you for your of-
feaoes, that visibly appear out of your own
papers, that you do not, and cannot deny.
Coleman. ' I as ftatisfied. But seeing my
b hot sliortv may I npt be permitted to
some immediate friends, and my poor
wife to have her freedom to speak with me,
aad stay with me that little time that I have,
that I might speak something to her in order
to her living and my dying ?
L. C. J. You say well, and it is a hard case
to deny it; but I tell you what hardens, my
heart, the insolencics of your party (tbe Roman
Catholics I mean) that they every day offer,
which » indeed a proof of their Plot, that they
are so bold and impudent, and such secret
sunders committed by them, as would harden
any man's heart to do the common favours of
justice and charity, that to mankind are usually
done : they are so hold and insolent, that I
think it is not to be endured in a Protestant
kingdom ; but for my own particular, I think
it a a very bard thing for to deny a man the
of hi* wife, and his friends, so it be
done with caution and prudence. Remember
that the Plot is on foot, and I do not know
what arts the priests have, and what tricks
thty use ; and therefore have a care that no
papers, nor any such thing, be sent from him.
Coleman. I do not design it, I am sure.
X. C. J. But for the company of his wife
and his near friends; or any thing in that kind,
that may be for his eternal good, and as much
for bis present satisfaction that he can receive
now in the condition that he is in, let him have
it; but do it with care and caution.
Capt. Richardson. What, for them to be
private alone ?
L. C. J. His wife, only she, God forbid else.
Nor shall you he denied any Protestant minister.
Coleman. But shall not my cousin Coleman
have liberty to come to me?
X. C. J. Yes, with Mr. Richardson.
Coleman. Or his servant; because' it is a
great trouble for him to attend always.
X. C J. If it be his servant, or any he shall
appoint, it is all one. Mr. Richardson, use
bim as reasonably as may be, considering the
condition he is in.
Cler. Cr. Have a care of your prisoner.
On Tuesday the 3d of December following,
Edward Coleman was drawn on a sledge frpm
Newgate to Tyburn ; and being come thither,
he declared that he had been a Roman Catho-
lic for many years, and that he thanked God
he died in that religion, and he did not think
that religion at all prejudicial to the king and
government.
The Sheriff told him, if he had any thing to
say by way of confession or contrition, he might
proceed, otherwise it was not seasonable for
aim to go on with such like expressions. Being
asked if he kpew any thing of the murder of
sir Edmund. Godfrey, he declared upon the
words of a dying man, he knew not arty thing
of it, for that he was a prisoner at that time.
Then after some private prayers and ejacula-
tions to himself, the sentence was executed.
He had been made to believe, that he should
have a pardon, which he depended on with so
much assurance, that a little before lie was
turned off, finding himself deceived, he was
heard to say, ' There is no faith in man/
79] STATE TRIALS, 30 Charles II. 1 678.^7>w/ of Ireland, Pickering, [80
245. The Trial of William Ireland, Thomas Pickering,
and John Grove, at the Old Bailey, for High Treason:
30 Charles II. a.d. 1678*
ON Tuesday the 17th day of December, 1678,
Thomas White alias Whitebread, Win. Ireland,
John Fen wick, Thomas Pickering and John
Grove, were brought from his majesty's gaol of
Newgate to the Sessions-house at Justice-Hall
in the Old Bailey, being there indicted for High
Treason, for contriving and conspiring to mur-
der the king, to receive their trial ; and the
Court proceeded thereupon as fulloweth:
The Court being sat, proclamation was made
for attendance, thus :
Clerk of Crown, Crier, make proclamation.
(frier. O yes, O yes, O yes ! All manner of
persons that have any thing to do at this gene-
ral sessions of the peace, sessions of Oyer and
Terminer holden for the city of London, and
gaol-delivery of Newgate, holden for the city of
London and county of Middlesex, draw near
and give your attendauce, for now the Court
will proceed to the pleas of the crown for the
same city and county. God save the king.
Cl.ofCr. Crier, make proclamation.
Crier. O yes ! All manner of persons are
commanded to keep silence upon pain of impri-
sonment. Peace about the Court.
CLofCr. Crier, make proclamation.
Crier. O yes ! You good men of the county
of Middlesex that are summoned to appear
here this day, to enquire between our sovereign
lord the king and the prisoners that are and
shall be at the bar, answer to your names as you
shall be called, every one at the first call, and
save your issues.
The Jurors being called and the defaulters
recorded, the Clerk of the Crown called for the
prisoners to the bar, viz. Thomas White alias
Whitebread, William Ireland, John Fen wick,
Tho. Pickering and John Grove, and arraigned
them thus :
CI. of Cr. Thomas White alias White-
bread, hold up thy hand : Which he did. Wil-
liam Ireland, hold up tby hand : Which he did.
John Fenwick, hold up thy hand : Which he
* From a pamphlet, intitled : " The Trials
of William Ireland, Thomas Pickering, and
John Grove; for conspiring to Murder the
King: who upon full evidence were found
Guilty of High Treason, at the Sessions-House
in the Old Bailey, December 17, 1678. And
received Sentence accordingly. London, print-
ed for Robert Pawlet at the Bible in Chancery-
lane, near Fleet-street, 1678. ' December 17,
* 1678. I do appoint Robert Pawlet to print
< the Trials of William Ireland, Thomas Picker-
* iog, and John Grove : And that no other
' person presume to print the same. William
•Scrooos.'"
* See the Introduction to the Trials for the
Popish Plot; ante, vol. 6, p* J430.
did. Thomas Pickering, hold up thy hand :
Which he did/ John Grove, hold up thy hand :
Which he did.
You stand indicted by the names of Thomas
White alias Whitebread, hue of the parish of
St. Giles in the fields, in the county of Middle-
sex, clerk : William Ireland, late of the same
parish and county, clerk : John Fenwick, late
of rhe same parish and county, clerk : Thomas
Pickering, late of the same parish aud county,
clerk : and John Grove, late of the same parish
and county, gent. For that you five, as false
traitors, &c. against the peace of our sovereign
lord the king, his crown and dignity, and
against the form of the statute in that case
made and provided. How sayest thou, Thomas
White alias Whitebread, art thou Guilty of this
High Treason whereof thou standest indicted,
or Not Guilty ?
Whitebread. Not Guilty.
CI. of Cr. Culprit, how wilt thou be tried ?
Whitebread. By God and ray Country.
CL of Cr. God send thee a good delirer-
ance. How sayest thou, William Ireland, art
thou Guilty of the same High Treason, or Not
Guilty ?
Ireland. Not Guilty.
CL of Cr. Culprit, how wilt thou be tried ?
Ireland. By God and my Country.
CI. of Cr. God seud thee a good deliver-
ance. How sayest thou, John Fen wick, art
thou Guilty of the same High Treason, or Not
Guilty ?
Fenwick. Not Guilty.
Cl.ofCr. Culprit, how wilt thou he trie'd ?
Fenwick. By God and my Country.
CI. of Cr. God send thee a good deliver-
ance. How sayest thou, Thomas Pickering, art
thou Guilty of the same High Treason, or Not
Guilty ?
Pickering. Not Guilty.
CL ofCr. Culprit, how wilt thou be tried ?
Pickering. By God and my Country.
CL of Cr. God send thee a good deliver-
ance. How sayest thou, John Grove, art
thou Guilty of the same High Treason, or Not
Guilty?
Grove. Not Guilty.
CL of Cr. Culprit, how wilt thou be tried ?
Grove. By God aud my Country.
CL of Cr. God send thee a good deliver-
ance. You the prisoners at the bar, those men
that you shall hear called and do personally
appear, are to pass between our sovereign lord
the king and you, upon trial of your several
lives and deaths ; if therefore you or any of
you will challenge them or any of them, your
time is to speak unto them as they come to the
book Co be sworn, before they be sworn. Sir-
Philip Matthews to the book.
SI] STATE TRIALS; SO CaUium II. 107*— earf Grim, Jot High 7V*n*s*. [Si
Sir Phim Mmltktm*. I desire shr William
Boberts may be called first. Which was
CL if Cr. Sir William Roberts to the
look. Look -upon the prisoners. Yoo shall
well and truly try, and true deliverance make
between oar sovereigu lord the king and the
prisoners at the bar, whom yoo shall have in
toot coarse* according to your evidence. So
help you Dud.
The same oath was administered to the rest,
the prisoners challenging node, and their names
in order were thus : Sir William Roberts, hf. ;
sir Philip Matthews, bt. ; sir Charles Lee, kt. ;
Edward Wiltord, esq.; John Foster, esq.;
Joshua Gailiard, esq. ; John Byfield, esq. ;
Thomas Erieaeeld, esq. ; Too. Johnson, esq. ;
John Putford, esq.; Thomas Earnesby, esq. ;
Richard Wheeler, gent.
CL tf Cr9 Crier, count these. Sir William
Crier. One, otc.
CL •/ Cr. Richard Wheeler.
Crier. Twelve good men and true, stand
together and hear your evidence. -
CL ofCr. Crier, make proclamation.
Crier. O yes ! If any one can inform my
Lords the king's Justices, the king's Serjeant,
the king's Attorney, or this Inqnest now to be
taken between oor sovereign lord the king and
the prisoners at the bar, let -them come forth
and they shall be heard, for now the prisoners
stand at the bar upon their deliverance : and
all others that are bound by recognizance to
give evidence against any of the prisoners at
the bar, let them come forth and give their
evidence, or else they forfeit their recognis-
ance. And all jurymen of Middlesex that
have been summoned and have -appeared, and
, may depart the court and lake
CL a/ Cr. Make proclamation of silence.
Crier. O yes ! All manner of persons are
' to keep silence, upon pain of im-
CL <f Cr. Thomas White alias Whitebread,
hold eptby band: Which he did, and so of the
You that are sworn, look upon the pri-
aod hearken to their cause.
Yoo shall understand, that they stand in*
by the names of Thomas White other-
Whitebread, late of the parish of St.
Goes in the Fields m the county of Middlesex,
dark; William Ireland, late of the same pa-
risk in the county aforesaid, clerk ; John
Fenwick, fete of the same parish in the coun-
ty aastetaid, clerk; Thomas Pickering, late of
thoseine Parish in the county aforesaid, clerk ;
sad John Grove, late of the tame parish in the
county aforesaid, gentleman : For tliat they as
fosse traitors of the most illustrious, serene, and
most excellent prince, our sovereign lord
Charles 3, by the grace of God of England,
Scotland, France, and Ireland, king, defender
af the faith, Sic. theirs supreme and natural
lord, not having the fear of God in their hearts,
tor the duty of their allegiance any ways
tot. Til,
weighing, but being moved and seduced by
the Mitigation of the devil, the cordial love,
and tree, due, and natural obedience, which
true and faithful subjects of our said sovereign
lord the king towards our said sovereign lord
the king should and of right ought to bear,, al-
together withdrawing, and endeavouring, and
with their whole strength intending, Che peace
and common tranquillity of this kingdom of
England to disturb, and the true worship of
God within this kingdom of England used, and
by law established; to overthrow ; and to move,
stir up, and procure rebellion .within this king-
dom of England, and the cordial love, and true
and due obedience, which true and faithful
•objects of our said sovereign lard the king
toward our said sovereign lord the king should
and of right ought to bear, wholly to. withdraw,
vanquish, and extinguish, and our said sove-
reign lord the king to death and final destruc-
tion to bring and put, the 24th day of April, in
the year of the reign of our said sovereign ford
Charles «, by the grace of God of England, Scot-
land, France, and Ireland, king, defender of the
Faith, etc. the 30th, at the parish of St. Giles
in the Fields aforesaid, in the county of Mid-
dlesex aforesaid, falsely, maliciously, deceit-
folly, advisedly, and traitorously, they did
propose, compass, imagine, and iotend to stir
up, move, and procure sedition and rebellion
within this kingdom of England, and -to procure
and cause a miserable slaughter among the sub*
jects of our said sovereign lord the king, and
wholly to deprive, depose, throw down, and
disinherit our said sovereign lord the king from
his royal state, title, power, and government
of this his kingdom of England, and him our
said sovereign lord the king to put to death, and
utterly to destroy, and the government of this
kingdom of England, and the sincere religion
and worship of God in the same kingdom,
rightly and by the laws of the same kingdom
established, for their will and pleasure to
change and alter, and wholly to subvert and
destroy the state of the whole kingdom, being
in all parts thereof well instituted and ordered,
^and to levy war against oor said sovereign lord
the king within this bis realm of England: And
' to fulfil and bring to pass these their most wick-
ed treasons and traitorous designs and pur-
poses aforesaid, they the said Thomas White
otherwise Whitebread, William Ireland, John
Fen wick, Thomas Pickering, and John Grove,
and other faUe traitors unknown, the said 34th
day of April, in the said 30th year of the reign'
of our said lord the kins;, with force and arms,
etc. at the parish of St. Giles in the Fields
aforesaid, in the county of Middlesex afore-
said, falsly, maliciously, deceitfully, advisedly,*
devilishly, and traitorously did assemble, unite,'
and gather themselves together, and then and
there falsly, maliciously, deceitfully, advisedly,
devilishly, and traitorously they did consult and
agree to put and bring our said sovereign lord
the king to death and final destruction, and to
alter and change the religion rightly and by the
laws of the ssme kingdom established, to the
G
88] STATE TRIALS, SO Cnaaxw IL \6n~Trml tf Ircl**L Pickering. [tt
superstition of die ebureb of Bom« ;, and the
sooner to .bring to pass and accomplish tho
tame their moat wicked treasons ami traitorous
imaginations and purposes aforesaid, they the
said Thomas White otherwise Whitebread,
William Ireland, John Fen wick, Thomas
Pickering, John Grove, and other fake trait
tors of oar said sovereign lord the king un-
known, afterwards (to wit) the said 24th day of
April, in the said 30th year of the roign of out
said sovereign lord the king, at the said parish
of St. Giles in the Fields, in the county ot Mid*
dleaex aforesaid, falsely, deceitfully, advisedly,
maliciously, devilishly, and traitorously they did
consult and agree, that they the said Thomas
Pickering and John Grove should kill and mur-
der our said sovereign lord the king : And that
they the said Thomas White otherwise White-
bread, William Ireland, John Feowick, and
other false traitors unknown, should therefore
say, celebrate, and perform a certain number
of masses (then and there agreed on among
them) for the good of the soul of the said Tho-
mas Pickering, and should therefore -pay to the
said John Grove a certain sum of money (then
and there also agreed on among them) : And
furthers that the said Thomas Pickering and
John Grove upon the agreement aforesaid, then
and there falsely, deceitfully, advisedly, mali-
ciously, devilishly, and traitorously -did under-
take, and to the said Thomas White otherwise
Whitebread, WiHiam Ireland, John Fen wick,
and other false traitors of our said sovereign
bard the king unknown, then and there falsely,
deceitfully, advisedly, maliciously, devilishly,
and traitorously tbey did then and there pro-
mise, that they, the said Thomas Pickering and
John Grove our said sovereign lord the king
would, kill and murder : And further, that
tbey . the said Thomas White otherwise
Whitebread, William Ireland, John Fen wick,
Tliomas Pickering, and John Grove, and other
faketraitors of oar said sovereign lord the king un-
known, afterwards to wit the .said 24th day of
April,iu the said 30th year of the reign of our said
sovereign lord the king, at the said parish of
St. Giles in the fields in the county of Middle-
sex aforesaid, falsely, decei til oily, advisedly,
maliciously, devilishly, and traitorously, did
severally plight their faith every one to
other ,of them, and did tlwu and there swear
and promise upon the Sacrament, to conceal
and not to divulge their said most wicked trea-
sons, and traitorous compassings, consultations,
and purposes aforesaid, so among them had,
traitorously to kill and murder our said so-
vereign lord the king, and to introduce the
Roman religion, to be used within this king-
dom of England, and to alter and change the
true reformed religion, rightly and by the laws
of this kingdom of England in this same kingdom,
of England established ; And further, that tbey
the said Thomas Pickering and John Grove, in
execution of their said traitorous agreement,
afterwards, to wit, the said 84th day of April,
in the said 30th year of toe reign of our said
sovereign lprd the king, and divers other days
and times afterwards at the said pariah of St.
Giles in the fields and in the said county of
Middlesex, falsely, deceitfully, advisedly, s»«
liciousiy, devilishly, and traitorously, tbey did
prepare and obtain to themselves, and bad and
did keep musquets, pistols, swords* daggers,
and other offensive and cruel weapons and in*
strumenrs, to kill and murder our said sovereign
lord the king ? And that they the said Thomas
Pickering and John Grove afterwards^ to wit,
the said 24th day of April, in the said 86th
year of the reign of our said sovereign lord the
king> and divers days and times afterwards with
force and arms, &c. at the said parish of St.:
Giles in the Fields iu the county of Middlesex
aforesaid, and in other places within the said
county of Middlesex, falsely, deceitfully, ad*
yisedly, maliciously, and traitorously, did lie
in wait, and endeavour to kill and murder ou*
said sovereign lord the king ; and further, that
they the said Thomas White otherwise Wnite-i
bread, William Ireland, John Fenwick, and
other false traitors unknown, afterwards, to wit,
the said «4th dajr of April, in the said 30th
year of tire reign of our said sovereign lord the
king, at the said parish of St. Giles in the Fields,'
in the county ot Middlesex aforesaid, falsely,
deceitfully, advitedly, maliciously, devihahry,
and traitorously, did prepare, persuade, excise,
abet, comfort and counsel four other persona
unknown, and subjects of oar said sovereign-
lord the king, traitorously to- kill and murder
our said sovereign lord the king, against the
duty of their allegiance, against tha peace of our
said sovereign lord the king, bis crown and dig-
nity, and against the form of the etatute in that
behalf made and provided.
Upon this Indictment they hare been arraign-
ed, and thereunto have severally pleaded, Not
Guilty, and for their trisl have put themselves
upon God and their country, which country
you are.
Your charge therefore is to enquire, whether
they or any of them be Guilty of the High-*
Treason whereof they stand indicted, or Not
Guilty. If you find them or any of them
Guilty, yon are to enquire what goods or chat-
tels, lands or tenements, those you find guilty
had at the time of the High-Treason commit-
ted, or at any time since, if you and them or
any of them Not Guilty, you are to enquire
whether they did fly for it : If you find that
they or any of them fled • for it, you ape to en-
quire of their goods and chattels, as if yon bed
found them Guilty. If you find them or any
of them Not Guilty, nor that they nor any of
them fled for it ; say so, and no more, and hear ^
yon r evidence.
Make Proclamation of Silence on bothsidW
Which was done.
Then sir Creswell Levinz, one of the king**
learned counsel in the law, opened the Indict-,
ment thus :
Sir CrtsmtU Levins. May it please your,
lordship, and you gentlemen of the jurjr :
These prisoners at the bar, Thomas White alms
tt] STATE TRIALS* JO CsmiiulUL mt.-+**d Grew, fir High 7W*mw. (M
Whitehead, Witbanv Ireland, John Ftnwiek.
Tnsssns Pk&essog, and John Grove, do ail
stand ■dieted of High-Treason; for that
whereas they, as raise traitors, ateaniag aad
sVngaing to disturb the peace of the kingdom,
to levy war within the kmgdom, to make mi-
serable slaughter against tie king's subjects, to
subvert the religion established by (he lap of
die bad, to introduce (he superstition of- the
caercbof Rope, and to bring (a death aad
final destruction, and to awarder and assnsaiaate
ear sovereign lord the king, thai did, to effect
these things, the £4th of April last assemble
themselves together, with niaay other false
Crartosa jet unknown, in the parish of St
Giles to toe Fields in the county of Middles**,
sad there, being so assembled, the better to
enVct these designs did make agreements and
conspire together ; first, that Picketing and
Grose should kill the king, end that White and
the rest of the persons that stand indicted* with
■any other traitors, should say a great num-
ber ot Meases tor the soul of the said Picker*
iog,I think 3O.000 ; and they did further agree
there, that Grove should have a great sum ef
money ; and upon this agreement Grove and
Pieserrog did ondertake and promise the?
would do this tact, and did then and there take
the Sacrament and an oath to one another upon
sfe Sacrament, that they would conceal these
their treasons, that they might the better effect
these; and that in pursuance ef this, Grove
and Pickering did divers times lie ia wait to
naveer the king, and did provide arms to do it :
And the Indictment further sets forth, that
White and Ireland, aad Feawick, and many
other traitors .yet unknown, did procure four
other persons yet also unknot n, lor to kill the
king, against the peace of our sovereign lord
the long, his crown and dignity, and against the
ef the statute. These are the heads ef
facts for which they stand indicted . They
all pleaded Not Guilt? : If we prove
or any of them Guilty of these or any of
sects, according to the evidence you shall
hope you will find it.
Sir Samuel Baldwin, one of bis majesty's
Serjeants at law, opened the Charge as tot-
Wweth:
Sir Samuel Bsldsri*. May it please your
lordship, aad you gentlemen of the jury, the
asrione bare before you stand indicted of High*
Tic mm ; they are five in number, three of them
are Jesuits, one is a priest, the fifth is a lar-
ssan, persons fitly prepared for the work in
Gentlemen, it is not unknown to most per-
nay to every one amongst us that bath
the least observed the former times, how that
since the reformation there bath been a
carried on to subvert the government,
/destroy the Protestant religion established
herein England; for during all the reign of
snsen Flfff-*'**11 several attempts were made
ay several Priests, and Jesuits, that came
feus* beyond the eejmi>bougk . tie* Jawt were
then sevett against thesn), to destroy the queen
and alter the religion established here ia Eng-
land, and so introduce Popery aad die super-
stition of the Church of Home.
But the conspirators from time to time, dor*
ingall the queen's reign were disappointed, as
Edmund Campion, * and several other Jesuits,
who came over in that time, and were executed,
and did suffer for their treasons according to
law : At length, about the latter end of the
queen's time, a Seminary for the English Je-
suits was founded at VaJiadolid in Spain, and
you know the employment such persons have.
And scon after the queen's death, ia the >be»
ginning of the reign of king James several per*
seas came over into England from this very se*
miliary, who together with one Henry Garnet, i
Superior of the Jesuits then ia England, and
divers others English papists, hatched that hel-
lish Gunpowder* Plot ; whereby what was de-
signed yon all know ; but as it fell out, these
persons, as well as those m queen Elisabeth's
time, were likewise disappointed, and for their
execrable treasons in the 3d veer of king James
were executed at Tyburn and other places.
This is evideat by the very act of parliament
in 3 Jacohi, in the preamble whereof mention
is made that Creswell and Tesmond, Jetuits,
came from Valladolid in Spain to execute this
Gunpowder*Treason with the popish party here
in England.
And, gentlemen, after this treason, so mira-
culously discovered, was punished, one would
not have thought that any future age would
have been guilty of the like conspiracy, ; but it
so foils out, that .the mysterv of Iniquity and
Jesuitism still worketh, for there hath of rate
been a sort of cruel and bloody-minded persons
who, ia hopes to have better success than they
bed in former limes, during the reigns of queen
Elisabeth end king James, have set on foot as
horrid a design as that of the Genpowdarw trea-
son ; I can resemble it to no oilier Plot, or
design, or treason in any other time, and trulv
it does resemble that in many particulars s l
may any, it doth at the least equal k, if not ex-
ceed it.
I shall mention two or three particulars
in which ibis Plot doth resemble that.
1. That horrid design was to take away the
life of the then king, to subvert the government,
to introduce the popish religion, and to destroy
the established Protestant religion in England ;
and so gentlemen, we think our proofs wil
make it out that ia each of these particulars
this design is the same that that was.
9. The great actors in that design worn
Priests and Jesuits that came from Vaiindolid
in 6pain, and other places beyond the seas.
And the great actors in this Plot are priests and
Jesuits, that are come from St. Oroere and
other places beyond the seas nearer home than
Spain.
3. That plot was chiefly guided and mansged
T»-
* See vol. 1, p. 1040, of this Collection,
t See voL 3, p. Sin. .
ft7] STATE TR1AIS, SO CiurUs U. ie7ft.~7ml 0/ IreUmd, Pickering, [89
by Henry Garnet superior find provincial of
the Jesuits then in England ; and the great
actor in this design is Mr. Whitebread, snperior
and provincial of the Jesuits now in England ;
so that I say ia the«e several particulars it does
resemMe the Gunpowder-Plot.
Gentlemen, In this plot, of which the pri-
soners now stand indicted, several persons have
several parts : Some of these persons are era-
ployed to keep correspondence beyond the
seas (of which en ore hath been said in another
place, and so I shall uot speak of it here) : others
were to procure and prepare aid and asistance
hare in England who were to be ready when
there should be occasion to use it. But the
great part that these persons (the prisoners at
the bar) were to act in this conspiracy, was, to
take away the life of our sovereigo lord the
King, on whose preservation the safety and
welfare of three nations (and millions of men)
doth depend. Now the facts for which the five
prisoners stand indicted, I shall open thus c
1. They are here indicted for conspiring the
death of his sacred majesty : they did agree
to take away the king's life ; and entering into
such an agreement, they hired some persons
amongst them to. do it ; and this agreement was
made the 84th of April last 1/J78.
2. There is another fact they likewise stand
indicted for: 'That they did ' endeavour and
contrive to change and alter the religion esta-
blished in the nation, and iutroduce popery in
tlie room of it.' The manner how to effect thist
was thus, if my information be right ; you shall
hear that from the evidence. Mr. Whitebread
being resident here in England, and Superior of
the Jesuits, did in February last think fit (being
lmnowered by authority from Rome) to give
summons to the Jesuits abroad, at St. Omers,
and other places beyond the seas, that they
should come over here into England, to be ready
at London, on the 94th of April, the day laid
in the Indictment, and which ia the day after
6t George's day ; and their design was (as will
appear by the proof) to contrive now they may
take away the life of the king : for if that were
once done, they thought, in all other things,
•heir design would easily be accomplished.
After the Summons were out, they were so offi-
cious for the accomplishing of this great end,
jthat between 40 and 60 Jesuits did appear here
at London at the time (for thither they were
summoned), and there the meeting was ap-
pointed to be. At the White Horse Tavern in
the Strand they were to meet first; but being
so great a number that they were likely to be
taken notice of, if they came all together, it
was so ordered, they should come but a few
at a time and go off in small numbers and
others should succeed them, till the whale
number had been there. And there were
directions, given, and a count taken, that
there should be some person to tell them whi-
ther they should go from thence. After they
had met there at several times in the same day,
they were appointed, and adjourned to be at
several other places; some of them were ap-
pointed, to be at Mr. Whitehead's lodging, and
that was in Wild<6treet, at one Mr .Sanders'*
house ; others were appointed to go to Mr. Ire-
lands*s lodging, which was in Russel-Street (and
this Mr. Ireland was treasurer of the Society) :
and others were to meet at Mr. FenwicVs
chamber in Drury-Lone ; and he was at that
time Procurator and Agent for that Society.
Others were appointed to meet at Harcourt's
lodging ; and others at other places.
When they came there, they all agreed to the
general design of the first meeting, which waa
To kill the king. Then there was a Paper, or
some instrument to be subscribed. This was
done, and the Sacrament was taken for the con-
cealment of it After that, Whitebread, Ire-
land, Fen wick, and others did agree that Mr.
Grove and Mr. Pickering should be employed
to assassinate the king. One of them (Mr.
Grove) being a lay brother, was to have 1,500/.
a great sum ; the other, as a more suitable re-
ward for his pains, was to have 30,000 masses
said for his soul. Mr. Whitebread, Mr. Ire-
land, and Mr. Fenwick, were all privy to this
design; and this was the 94th of April. Ia
August after (they being appointed to kill the
king, but it not taking effect, either their hearts
misgave them, or they wanted opportunity)
there was another meeting at the Savoy, where
the witnesses will tell you, four Irish persons
were hired for to kill the king. And this was
ordered, in case the other design took not effect.
There was fourscore pounds sent down to them
to Windsor, where they were to have done the
met. After this, other persons were appointed
to do the eiecntion, and they were to take
the king at his morning walk at New-Market.
These persons were all disappointed in their
design. But you shall hear what was the
Agreement how it was carried on, and what
rewards were given to carry it on. We shall
acquaint you likewise, that for the bottom of
this design (when so many Jesuits should come
over, when they should have so many consulta-
tions, and when they should resolve to kill the
king) there could be no less than the altering
of Religion, and introduction of Popery here
in England. And that time, at the first meet-
ing, they had ordered, That Mr. Cary a Jesuit,
as their procurator and ageftt, should go to
Rome, to act their concerns there. All which
things and more will be made out to you by
witnesses produced. There are likewise some
other circumstances that will be material to
confirm those witnesses. We shall produce to
you a Letter written in- February last, aboat
that time that Mr. Whitebread sent over his
summons for the Jesuits to appear here. This
Letter was written by one Mr. Peters, a Jesuit
now in custody ; and now it is written to one
Tunstal, a Jesuit, to give ssjn notice, That be
should be in London about the 91st of April,
and be ready on the 24th of April : That be
knew what the business was ; but he did advise
him, that he sliould conceal himself, lest the
Plot (by observation) should be discovered.
We shall titans* produce several other cvw
tt] STATE TRIALS, 30 Charles II. 1 67 $-r-uxd Gr<m, fir Bigh Tr
fences, to strengthen and confirm the* wit*
newest we shall first call oar witnesses, and
enter upon the proof.
Mr. Finch opened the Evidence thus :
Mr. Watch. May it please your- lordship,
and job gentlemen of the jury ; before we call
oar Witnesses, I would beg leave once more to
remind yoo of wbattiatb already been opened
aoto you : the onality of the offenders them-
selves, and the' natare of the offence they stand
indicted of. For the offenders they are most
of them Priests and Jesaits ; three of them at
the lease are so ; the other two are the accursed
instruments of this design : For the offence,
itself, 'tis High Treason.
And though it be High-Treason by the4
statute of 27 Eiiz. for men of that profession to
come into England ; yet these men are not
indicted upon that law, nor for that treaton :
I take notice of to you, for the prisoners
►, that they should not fancy to tiiemseives
~ Martyrdom for their Religion, as
of them have vainly imagined in their
and for your sakes too, that as at first, it
treason, repeated acts of treason in these
ssen; and those proceeding from a principle
of religion too* that justly occasioned the making
that-iaw : so here you might observe a preg-
nant instance of it in the prisoners at the bar,
That whenever they had an opportunity, as now
they thought they had, they have never failed
to put those principles into practice.
So now, Gentlemen, as they are not iodicted
for being priests, I most desire you to lay that
quite of the case, and only consider that they
stand here accused for treaton ; such treason,
*§ were they laymen only, they ought to die
fork; thoogh I cannot but observe, they were
the sooner traitors for' being priests.
The treason therefore they stand indicted of,
is of the highest nature: It is a conspiracy to
kill the kin£, and that too with circumstances
so aggravating (if any thing can aggravate that
efience which is the highest,) that nothing less
than the total subversion of the government,
and otter destruction of the Protestant Religion
wonld serve their tarns. And really, when
yen consider the root from whence this treason
springs yon will cease wondering that all this
should be attempted and rather wonder that it
was not done.
Mischiefs have often miscarried for want of
*sckednes» enough; the horror of conscience
or eke the malice of the aggressor not being
eanal to the attempt, has sometimes prevented
the execution of it. Here is no room for any
tbiee; of this kind : this treason proceeds from
a principle of religion, from a sense that it is
lawful ; nay that they ought to do these things ;
and every neglect here is looked on as a piece
of irreiigion, a want of seal ; for which one of
the prisoners did penance, as in the course of
ear evidence we shall prove unto you.
And when we consider, too, that this is
carried oo, not by the fury of two or three
nosy men orer- zealous in the cause, but by
the deliberate and steady ronnssit efthe whole
order, and that too under the obligations of se-
crecy, as high as Christian Bnngjnn can lay on
them ; yoo have great reason to wonder that it
did not succeed. And yet after all this they
have not been able to prevail. Not that we can
brag of any human policy that did prevent it t
No ; all that the wit of man could do, these
men bad done : but it was the providence of
God, it was bis revelation: that providence ,
that first enlightened his church, and has nee-
served it against all opposition heretofore, baa
once more disappointed their counsel*, and
preserved the king and this nation in the pro-
fession of that true religion these men have
vainly attempted to destroy.
Gentlemen, I wall not open to you the parts*
cnlars of our Evidence; that I hud rather should
come from the witnesses themselves . I shall
only in general tell you what will be the course
of it. vVe shall prove unto you, That there
was a summons for a consultation to be held
by these men the 94th of April Inst, from the
provincial Mr. Whitebread : That they had a •
caution given them, not to come too soon, nor
appear much about town, till the consultation
were over, lest occasion should be given to sus-
pect the design > That accordingly a consulta-
tion w.;s held, as they say, to send Cary, their
procurator, to Roiu» ; though we shall prove to
you it was for other purposes: That they ad-
journed from their general assembly into lesser
companies ; where several persons d»d attend
them to carry intelligence of their several re-
solutions t That at these several consults they
did resolve the king was to be killed : That
Pickering and Grove should do it ; for which
the one was to have 90,000 masses said for his
soul ; the other was to have 1,500/. That in
prosecution of this design, they made several
attempts to execute it: That they lay in wait
for the king several times in St. James's Park,
and other places : And that once in particular
it had been done by Pickering, if it had not
pleased God to have prevented it by an acci-
dent unforeseen : The font of his pistol being
loose, he durst not then attempt it, though be
had an opportunity : For which neglect, we
shall prove to you, he underwent the penance
of 90 or SO strokes. That when these men had
failed, we shall prove to you they hired f<»ur
ruffians to murder the king at Windsor, and
after that at New-market. Thus they way-
laid him in all his .privacies and retirements*
wherever they could think it most convenient to
% execute their design.
And this we shall prove by two witnesses;
who though they should not speak to the same
consultations, nor the same times, yet tljey are
still two witnesses in Isw. For several wit-
nesses of several overt-acts are so many wit-
nesses to the treason : because the treason con-
sists in the intention of the man, in the com-
passing and imagining the death of the king.
The several overt-acts which declare that inten-
tion, are but as so many evidences of the trea-
son. We will call our witnesses, and make out
what has been opened to you.
91} «ATE THALS, 30 Chaklks II
CI ofCr. lin Oates, Lay your hand upon
the- book. The evidence 5011 shall give for oar
sovereign lord the king, against Thomas White
alias Whitebread, William Ireland, John Fen-
wrick, Thomas Pickeriag, aad John Grove, the
psisouers at the bar, shaU be the truth, tlte
whole truth, awl nothing but the truth. So help
^euGod.
Mr. Serj. BaUwyn. Pray, Mr. Oates, will
yea declare to the court and the jury, what
design there was for the killing of his majesty,
and by whom.
• Mr. Oates. My lord, in the month of De-
cember last, Mr. Thomas Whitebread did re-
ceive a patent from the general of the Jesuits
at Rome to be proviucial of the Order : alter
he bad received ibis patent, be sent order to
one George Convert, a Jesuit at St. Omers, to
preach upon St. Thomas of Canterbury's day;
and by virtue of this order, George Conyers did
preach against oaths of allegiance and supre-
macy, and did in his doctrine call them anti-
christ! an and devilish. My lord, in the month
of January, (his Mr. Whitebread did send se- < ,
veral letters to St. Omers; in which letters
there was contained intimation of his intent to
proceed against the king's person to assassinate
him; which letters were written to Richard
Aehby. My lord*, in the month of February,
there comes an order from htm as provincial,
for several of the Jesuits to make their ap-
pearance at London, to be there at a consult
to be held the 94th of April O. S.
' L. C. J. (sir William Scroggs.) Where was
Whitebread then?
Mr. Oatet. He was then in London, my
lord, as I suppose by the dating of his letters.
My lord, from Mr. Whitebread after this sum-
mons, we received a second summon*, which
came the 5th of April, N. 8., and upon the
summon* there were nine did appear at Lon-
don, the Rector of Liege, sir Thomas Pres-
ton, the Rector of Ghent, whose name is
Marsh, the Rector of Wotton, whose name
is Williams, and one sir John Warner,
and two or three more from St, Omers; and
there was a special order given us, my lord,
to keep onrselves close, lest we should be sua*
pected, and so our design di»clo*ed. My load,
upon the 94th of April, O. S. we did appear in
the consult. The consult was begun at the
White-horse tavern in the Strand*, ond there
,•.— »«•*-
* This was the perjury assigned in the In-
dictment on which, upon May 8th, 1685,
Oates was convicted of perjury, See the Trial,
infra. " I waited on the king [James Sd] in his
barge from Whitehall to Somerset-bouse, where
he went to visit the Queen Dowager. It was.
upon this day that the noted Dr. Gates was
convicted of Perjury ; it being proved that he
was at St. Omers the 94th. of April, 1678, when
he swore be was at the White-horse tavern in the
Stntod, where Pickering, Graven, Ireland, and
other Jesuit* signed the death of bine, Charles
the Secood. This was a grateful heanng to the
ling, who thereupon observed, that indeed
1 G78.~.7to/ qf IrsUmd, Pickrimg. l»
tliey met in several rooms; they came in by de-
grees ; aad ae the new ones came on, the old ones,
those that bad been there before them, fell off.
And there was one John Cary appointed to go
Crocurntor for Rome, and he was so appointed
y the suffrages of the three prisoners at the
bar, Whitebread, Ireland, and Fenwick. It
was afterwards adjourned into several collo-
quies, or little meetings ; one meeting was at
Mrs. Sander* a house, that huts upon Wild-
house; a second was at Mr. Ireland's ; a third
was at Mr. Harcourt's ; a fourth was at Mr.
Grove 0 ; and other meeting or meetings there
were, but F cannot give a good account ef them.
My lord, after they had thus met, and debated
the state of religion, and the life of the king,
they drew up this resolve; it was drawn up by
oneMico, who was secretary to the society, and
Socius, or companion to the provincial.
L. J. C. When was that done ?
Mr. Octet. That day, my lord.' The Re-
solve, my lord, was thia, as near as I can re-
member the words : It is resolved. That Tho-
mas Pickering and John Grove shall go on in
their attempt to assassinate the king (whether
they used the word assassinate, I cannot re*
member, but the. meaning was, they should
make an attempt upon bis person), and that
tiie reward of tlte one, that is Grove's, should
be 1,500/., and that Pickering's rewaid should
be 30,000 masses. My lord, after this resolu-
tion was signed by Whitebread, it was signed
by Fen wick and Ireland, and by all the four
clubs : I saw them sign it, for I carried the in-
strument from one to another.
L. C J. What was it they signed ?
fate*. Tlte resolve of the consul L
L, C. J, What, that which was drawn op by
Mice ?
Oates. Yes, my Lord, that which was drawn
up by Mice.
Whitebread. Doth he say that he saw them
sign it?— 'Gales. Yes, I did see them sign it.
Jury. We desire he may be asked where he
saw 1 hero sign it.
(Jutes. Mr. Whitebread signed it at that
part of the consult that was at bis chamber,
Ireland did sign it at that part of the consult
that was at his chamber, Feu*ick signed it at
that part of the consult that was at bis cham-
ber.
there had been a meeting of the Jesuits that
day, and that all the scholars of St. Genera
knew of it ; but that it was weU Dr. Gates
knew no better where it was to be, for, aaya
his majesty, they met in Sl James's,- where I
theo lived ; which if Oates bad but known, he
would have cut out a fine spot of work fo/me.
The king then subjoined, that Oates being
thus convicted, the Popish Plot was now dead t
to which I answering, that it had been long
sine* dead, and that now it would be buried,
his majesty so well approved of the turn, that
going with him afterwarti* to the Princess of
Denmark's, I heard him repeat it to her.1' Sis
John Reresby's Memoirs, p. 19*>
13] STATE TRIALS, 50 Caailes II. 16?8.~wd Crow, /far A%/< Treasm. [<K
Wkiu&rtad. Were yea at ell these places?
(hta. I went with k from place to piece;
bet 1 sscotion no more now, bet only these.
Whitebread* You were not at ell these places, *
aeo* saw them sign k there, were you?
(fates. Yes, I did see them sign it at all those
places. My Lard, ia the month of May, Mr.
Whtcebreod came over as provincial from Eng-
land to St. Omers, to begiu his provincial visita-
tion, and wkh him came Gary and his com*
pankra Mice. Cary left St. Omers to begin
his journey to Rone: Wbftebread, after he
had given an account of what proceedings the
catholics of Englaad had made in order to dis-
turb die peace of the kingdom, what moneys
had been gathered, what suffrages dispersed,
what means bad been used, what noblemen
bad joined in this execrable plot; he did tjien
(ar Lord) order me to come for England.
L.C.J. Whitebread did?
Goltf*. Yes, iny Lord, Whkebread did.
And, my Lord, the business I was to come into
rjngjand for, was to nrarder one Dr. Tongue, a
Doctor io I>frinity, who had written a fioek
catted «* The Jesuits Morals;" that is to say,
translated tbem out of French into English.
My lord, I came over into England on the 23rd
of Jane, N. S. ; I came out of Sr. Omers, that
is, the 13th in the stile of England ; oa the
34th N.S., I took the packet-boat at Calais;
the 25th N. S., I met with Mr. Fenwick at
Dover; be was come down with certain youths,
to send them to St. Omers, and had ordered
their passage. — My lord, with Mr. Fenwick,
aad some other persons, we came to London in
a coach ; and sis miles (as near as I remember
it) on this side Canterbury, at a place called
Bolton, oor coach was stopped by the search-
ers, and there they did examine a box that was
ia the coach directed for the hon. Richard
BtundeU, esq. This box, when they opened it,
xbey found full of beads, crucifixes, images, and
other sorts of trumpery, that I cannot give a
good account of; it is be can give the best :
Mr. Fenwick went by the name of one Thomp-
son), and did personate one Thompson, as living
acar the Fountain-Tavern, at Charing-Cruss ;
aad did order the searchers to write' to bhn
there, as by the name of Thompson. When
the bos was seised, they being prohibited goods,
Mr. Fenwick did say, that if they had searched
his pockets, they had found such letters about
baa as might have cost htm his life ; but his
Setters did escape starching. We came that
night fo SitcJaburgb, and lay there on Sunday
the 36th, N. &, as near as 1 remember : and t
think we stayed there till the afternoon: We
took coach io the afternoon, and came as far as
Dstftastd. Ob Monday msrning we came into
London ; aad (my lord) 'When we came into
Landow, and had continued there some days
(I sow lernrn to Mr. Wbitebread), there came
ase Asbby to town ; he had been some time
■sttor of St* Otoer*, and -was come to England
*ek of the goat, and was to go to the Bath to
fe cored. And he brooght instructions with
** frtMU vVhitobroad; and the instructions
in them these particulars: instruc-
tions or Memorials, or what else they called
them. I. That 10,000/. should be propased
to sir George Wakeoteo for the killing of the
king. 8, That care should be taken ibr the
murder of the bishop <»f Hereford. &. That
care should be taken for the murder of Dr»
Stilliogfleet. 4. That though this proposal
was made to sir George Wakeman of 10,0004.
yet Pickering and Grove, should go on still in
their attempts. My lord, afterwards these
were taken and copied out, and dispersed to
the several conspirators in the kingdom, whose
names I cannot call to mind. Hut Coleman
made several copies, and dispersed tbem about :
Then the 10,000/. was proposed to sir George
Wakeman, but it was refused.
L. C. J. What, it was too -little ?
Gate*. Yes, my lord, it was too Jit tie. Then
Whitebread be writ from St. Omers, that ia
case 10,0001. would not do, fifteen should be
proposed, and after that he had that proposed;
lie accepted of that.
L. C. J, Were you by when he accepted it?
Oate$. No, my load, I was not: But it ap-
peared upon their entry-books, aad it appeared
by a letter from this gentleman, Mr. White-
bread, wherein he did shew a e/eat deal of joy
far sir George Wakeman's accepting of the
lSyOOOs*. My lord, after this it was agreed
apon, that sir George Wakemaa should have
15,000*., and 5,000*7 of it was paid by Oolemma
or his order* Thus the state of afairs steed
till August. Theu one Fogarthy, who is dead,
came to a consult of the Jesuits with the Bene-
dictines : Now at tins consult the prisoner at
the bar Fenwick was, he was one, and Har-
court was another. And in this consult there
were four ruffians recommended io them.
L. C. /. By whom?
Oatet. By Fogarthy they were recommend^
ed, but accepted of by these consalrors, aad
consented to by Fenwick. They were seat
away, end the next day after fourscore peeed*
was sent them, the most part of it was gold*
and Coleman was there and -gave the messenger
a guinea to expedite his errand. My lord, »
the month of August there came ether letters
from Whitebread, wherein be did give an ac-
count of what care be had taken of the Scotch
business ; and he ordered one Moor and one
Senders, ahas Brown, to 'go down to .Scotland,
and he did order the teeter of London, thee
William Hatcourt, to teed them ; and he did
jo send them the 6th of August, in the name of
the provincial.
Whitebread, From whence, { pray?
Oat ft. From London, end they went to pro-
secute and carry on the design which Fenwick.
and Ireland had plotted, of a rebellion amongst
the disaffected Scots against the governor} an*
pointed them by the king; and thev sent down
ministers to preach under the notion of Pres-
byterian ministers, in order to get the dtsawest*
ea Scots to rise, by insinuating the tad condi*
tion they were likely to be in, by reason of epis-
copal tyranny (as they termed it.) ^nd ehat
M] STATE TRIALS, JO Ouklb* II. N578.— 7Wei 0/ In&stf, Pickering, [96
they were resolved to dispose of the king, and
they -did intend to dispute of the Duke too, in
ease he did not appear vigorous in promoting
the catholic religion (I speak, their, own words*)
• L.C. J. Have von done with your evi-
dence? What do yon know of the prisoners at
the bar? Name them all.
Oatet. There is Whitebread, Ireland, Fen-
wick, Pickering, and Grove.
X. C. J. Are you sore dickering and Grove
accepted of the terms ?
Oatet. Yes, my lord, I was there.
X. C. J. Where was it?
Gates. At Mr. Whitehead's lodgings at
Mrs. Saunders's house. As for Grove, indeed,
he did attend at that time upon Fenwick at his
chamber; but after the consult was over he
came to Whttebread's lodging*, and did take
the sacrament and the oaths of secrecy upon it,
and did accept it, and agree to it.
X. C. J. Were yon there when be took the
'sacrament?
Oatet. Yes, my lord, I was.
X. C. X Who gave you the sacrament ?
Oates. It was , a Jesuit! that goes by the
name of one Barton.
Whitebread. My lord before I forget if, I
desire to say this. lie says that at such and
such consults in April and May he was present,
and curried the resolutions from one to another.
There are above a hundred and a hundred, that
can testify he was all that while at St. Omers,
Pray teU me when I received the sacrament?
Gates. Ac the same time.
Whitebread. What day was that?
Out*. The 24th of A pril.
WhUebread. Was I there?
Oatet. You were there.
Whitebread. I take God to witness I was not.
X. C. J. Mr. Whitebread, you shall have
time to make your answer. But. pray Mr.
Oaies, when was Mr. Carey dispatched away
to Rome, and what was Ins errand ?
Gates. My lord, 111 teU you ; he ,waa ap*
proved of to go to Rome the 24th of April ;
mi the month of May or June, Whitebread
brings Cary over to St: Omers, and one.Mko
bis secretary or companion with bim,
X. C. J. When was it?
Oatet. In the mouth of May. or June he
was brought over by the provincial ; then he
went away on bis journey, and at Paris receiv-
ed 90/. to bear his charges.
Finch. What do you know of any attempts
so till the king at $t. James's Park?
Oatet. I saw Pickering and Grove several
times walking in. the* Park together with their
acsewed pistols, which were longer than ordi-
nary pistols, and shorter than some carbines*
They had silver bullets to shoot with, and
Grove would have had the bullets to be chamfrt,
for fear that if be should shoot, if tlte bullets
were round*, the wound that might be given
might be cured.
X. C. J. Did Grove intend to champ them?'
Gets*. He did say so.
X. C. J. Did be shew you the bullets ?
Gates. I did see them;
Grave, When was ihis?
Oatet* I saw the bullets in the month of
May, and in the month of June.
Whitebread. Pray, where did you see them f
Gates. In Grove's possession.
Whitebread. At what time ?
Oatet. In the month of May.
Whitebread. Then was he actually himself
at St. Omen. Was it in May or June ?
Gates. The latter end of May and June. I
saw them then twice, if not thrice. But PicE-
ering's I saw it) August.
Sir Cr. Levins. Do you know, any thing of
Pickering's doing penance, and for what ?
Oatet. Yes, my lord, in the month of March
last (for these persons have followed the king
several years); but he at that time had not
looked to the flint of his pistol, but it was
loose, and he durst not venture to give fire. He
had a fair opportunity, as Whitebread said;
and because he mist it through his own neg-
ligence, he underwent penance, and had 80 or
30 strokes of discipline, and Grove was chid-
den for his carelessness.
X. C. J. That was in March last ?
Oalet. Yes, my lord.
X. C. J. How do you know that ? •
Gates. By letters that I have seen from Mr.
Whitebread ; these I saw and read, and I anew
Whitehead's band.
Mr. Serj. Baldmyn. What do yon know of
the ruffians that went down to Windsor? What
success had they?
Gates. I can give no account of that, be-
cause in the beginning of September this 'gen-*
tleman that had been in England some time
before, was come to London and the business
had taken air, and one Beddingfield had written
to him, that the thing was discovered, and that
none but such a one cpuld do it, naming me
by a name that be knew I went* by.
Whitebread. When was that, sir?
Oatet. In the month of September last, I
came to the provincial's chamber the 3rd of
September; when I came t could not speak
with him, for he was at supper ; but when he
had supped I was admitted in, and there he
shewed me the letter that he had received front
Beddingfield.
Whitebread. Where did you see it?
Oatet. You read it to me <when you chid
me, and beat me, and abused me.
JL C. J. What did he chide you for ?
Gates. He did charge me with very high
language of being with the king, and with a
minister, and discovering the matter. I was so
unfortunate, that the gentleman who was with
the king did wear the same coloured % clothes
that I did then wear t And he having given an
account that the party wore such clothes, the
suspicion was laid upon met Now, my lord,.
I had not then been with the king, but another
gentleman had been with him from me with
the draughts of some papers concerning this,
business, which 1 had drawn up, and I Was
ready to- appear when I should be culled to>
■ • 4
ST) STATE TRIALS, 30 Charles II. 1678.— and Grate, ft* High Treason. [98
justify them, only I did not think fit to appear
uaniediately : And my lord, this Beddinsheld,
he had gotten into it that it was discorered, and
writ the provincial word be thought it was by
me; * tor/ said he, ' he hath been drawn in by
* some of bis old acquaintance :' When he had
received this letter, be asked me with what face
I could look upon him, since I hail betrayed
them : So, my lord, I did profess a great deal
of moocency, because I had not then been
with the king ; but he gave me very ill language
and abused me, and I was afraid of a worse
mischief from them ; for I could not but con-
dude, that if they dealt so cruelly with those
that only writ against them, I could scarce
escape, of whom they had that jealousy, that t
had betrayed them: And, my lord, though they
could not prove that I hod - discovered it, yet
upon the hare suspicion I was beateu, and af-
fronted, and reviled, and commanded to go be-
yond sea again ; nay, my lord, I had my lodg-
iag assaulted, to have murdered me if they could.
Whitebread. By whom ?
Gates. By Mr. Wbitebread, and some of
Wkittbread. Who beat you ?
(tees. Mr. Wbitebread did.
Mr. Serj. Baldwin. Was it Pickering or
Grove that had the flint of his pistol loose ?
Gates. Pickering.
Pickering. My lord, I never shot off a pistol
mall my Hie.
JL C. J. What say you as to the fourscore
pounds ?
Gate*. My lord, I will speak to that ; that
was given to the four ruffians that were to kill
the king at Windsor : now, my lord, that
money I saw
JL C. J. Where did you see it ?
Gates. At Harcourt's chamber.
JLC. J. Where is that?
Gates. In Duke Street, near the arch.
X. C. J. Who was it given by ?
Gates. William Harcourt
JL C. J. Did you see the four fellows ?
Oatet. No, my lord, I never did, nor never
knew their names.
JL C. J. Who was the money given to?
Gates. A messenger that- was to carry it
down to diem.
X. C. J, Who was that messenger?
Oatet, One of theirs that I do not know ;
and I durst not be too inquisitive, my lord, for
fear of beingsuspected.
£• C. X Who was by when the money was
Gates. Coleman, that is executed; and, my
lord, there was this Mr. Fenwick by, that is
the prisoner at the bar.
Fenwick. When was this ?
Qmtet. In the month of August.
Fenwick. Where?
Gate*. At Harcourt's chamber.
Fenwick. I never saw you there in all my
fife : are you sura I was by when the money
here?
(fate*. Yes, you were.
TOU'toV
X. C. J. Mr. Fenwick, you shall have your
time by and by to ask him any question : Mr.
Gates,* let me ask you once again, When there
was the appointment made for Grove and
Pickering to kill the king, who signed it ?
Oatet. At least forty signed it.
X. C. J. Did the other three sign it ?
Oatet. Yes, my lord, all of them.
X. C. J. Name tbem.
Oatet. There was Whitebread, Fenwick, and
Ireland.
X. C. J. And you say you went from place
to place, and saw it signed r
Oatet. Yes, my lord, I did.
X. C. J. Were you attendant upon them ?
Oatet. My lord, I ever was since the year
1666.
L. C. J. At whose lodgings did you use to
attend upon the consultation ?
Oatet. At the Provincial's chamber, Mr.
Whitebread.
X. C. J. Where was it first signed ?
* Oatet. At the Provincial's chamber.
Sir Cr. Levinz. Who carried it from lodging
to lodging?
Oatet. I did.
X. C.J. When was it?
Oatet. The 24th of April. • -
Mr. Just. Bertue. You say you carried the*
result from place to place, pray tell us what
that result was?
Oatet. They knew what it was, for they rend
it before they signed it.
Mr. Just. Atkins. But tell us the contents
of it.
Oatet. The contents of that resolve was
this (I will tell you the substance, though I
cannot tell you exactly the words) : That
Pickering and Grove should go on in their
attempts to assassinate the person of the king ;
as near as I can remember it was so ; that the
former should have 30,000 masses and the
latter 1,500/. ; and the whole consult did conv
sent to it, and signed the agreement that was
made with them, and did resolve upon the
king's death all in one resolve.
X. C. J. Where was this agreed upon ? at
the White-Hone tavern f
Oatet. No, my lord. After they had agreed:
at the White-Horse, that Mr. Cary should go
procurator to Rome, and some other small
particulars, which I cannot now remember,
they did adjourn from the White-Horse tavern,
and met at several chambers, some at one
place, and some at another*
X. C. J. But you say Mico did: draw up the
resolution, where was that ?
Oatet. At Mr. Whitehead's chamber, for
he was Socius, and secretary to the Provincial.
X. C. J. Were Ireland and Fenwick pre- >
sent when Mico drew it np ?
Oatet. No, my lord, but they were at their
own chambers ; after it was drawn up there,
and figned by Mr. Whitebread, and those of
the consult in his chamber, it was carried to
the several consults.
X. C. J, What, all the same day 7
H
99) STATE TRIALS, 30 Charles II. 1GT8 — Ikud */ Ireland, Pickering, [TOO
Oates. Yes, my lord.
X. C. J. And yoo went along with it I
Oates. Yes, my tore*, I did.
Mr. Just. Bertne. I only ask yen* were all
the five prisoners privy to it ? or do yee distin-
guish any or them, and which f
Gate*. They were all privy te it.
Whit. My lord, we can prove
X. C. J. You shall have time sufficient (o
snake what defence you can, you shall be sure
to have a fair trial, and be stopt of nothing that
yoo will think fit to say for yourselves. Mr.
Oates, were Pickering and Grove present ?
Oates. Yes, ray lord, Grove at Feo wick's
chamber, and Pickering at the Provincial's
chamber.'
X. C. J. But (hey were not required to sign
this, w<ere they ?
Oates. After tjiat the whole consult had
signed it, and Mass was preparing to be said
for it, before Mass, they did sign and accept
of it.
X. C. J. Where dad they two do it ?
Oates. At the Provincial's chamber.
X. C. J. What day was it f
Oates. That day, "for they met all together
at the Provincial's chamber to receive the Sa-
crament, and when Mass was going to be said,
one said it was too late, for it was after twelve
o'clock ; but Mr. Whitebread said it was not
afternoon till we had dined ; and you know,
Mr. Whitebread, that Masses have been said at
one or two o'clock in the afternoon.
Mr. Just. Atkins. II ow many persons did
meet at that consult ?
Oates. My lord, there were about forty or
fifty, and after they had adjourned into several
lesser companies, they met all together at Mr.
Whitebread's chamber. '
X. C. J. Where was that, and when ?
Oates. That day, at Wild-Home*
X. C. J. Where was it that they gave the
Sacrament ?
Oates. At a little chapel at Wild-House,
Mrs. Sanders's.
X. C. J. Did they accept it before they took
the 8acrament ?
Oates . Yes, Pickering and Grove did sign it
before they took the Sacrament.
Mr. Justice Atkins. Yoo tell us of an Oath
•of Secrecy that was taken, what was that Otth?
Oates. I cannot give an account of the
form of the Oath, but it was an obligation of
secrecy.
Mr. Justice Atkins. Did you see the Oath
administered?— Oates. Yes, niy lord, I did.
X. C. J. W ho administered it ?
Octet. Mr. Whitebread, he did give it unto
tne and to all the rest that were there, and Mico
held tlie book ; it was a mass-book, but they
were words of his own invention, h believe,
they were not written down.
X. C. £ Cannot you tell what they were f
Mr. Oates. No, my lord, I cannot teU, be-
cause I did not see them written down.
X. C. J. If yon will ask this gentleman any
thing more, yourmay.
Whitebread. My lord, 1 an* m a very weak
and doubtful condition as to my health, and
therefore I slioakl be very lota to speak airy
thing bat what is trne : we are to prove a ne-
gattvo, and I know it is much harder to prove
a negative, than to a«sert an affirmative ; it is
not a very Itard thing for a man to swear any
tbrog, if he will venture his soul for it; but
truly, I amy boldly say, m tlie sight of Ar-
miglitv God before whom i an. to appear,
there k\v«? not been three ttroe words spoken by
this nittii-v.
L. C J. Ooyou bear, if yon cottld but satisfy
us, that }i>u have no dispensation to call God
to witness a lie
Whitebreud. My lord, I do affirm it with aH
the protestations imaginable.
X. C. J. But if you have a religion that
can give a dispensation for oaths, sacraments,
protestations and falsehoods that are in the
world, how can you expect we should believe
you?
Whitebread. I know no such thing.
X. C. J. We shall see chat presently, before
we have done.
Oates. I have one thing more to say, my
lord, that comes into my mind. This White-
bread received power from the see of Rome to
grant out cominissioae to officers military.
And, my lord, here are the seals of the office
in court, which he hath sealed some hundreds
of commissions with, which they call patents.
X. C. J. What were those commissions for }
For an army ?
Oates. Yes, my lord, for an army.
Whitebread. When were those commissions
signed ? '
Oates. My lord, several of them were signed
in the formerproviiici&l's time.
X. C. J. What, I warrant you, you are not
provincial of the Jesuits, are you ?
Whitebread. I cannot deny that, my lord.
X. C. J. Then there are more than three
words he hath spoken are true.
Mr. Justice Atkins. I believe, Mr. Oates,
that that army was intended for something, pray
what was it for ?
Oates. My lord, they were to rise upon the
death of the king, and let the French king in>
upon us, and they had made it their business
to prepare Ireland and Scotland for the receiv-
ing of a foreign invasion.
X. C. J. Who were those comimssions sealed
by?
Oates. My lord, the commissions of the
great officers were sealed with the general's seel.
X. C. J. Who was that ?
Oates. His name is Johannes Paulas de
Oiiva : His seal sealed the Commissions for the
generals, major- generals and great persons;
but tbose seals that sealed the several commis-
sions to several inferior officers, were in the
custody of the provincial.
X. V. J. .Can you name any one person
that he hath sealed a commission to?
Oates. I can name one : To sir John Gage*
which commission I delivered myself.
101] STATE TRIALS, 30 Cham.es II. 1 078.— and Grove, for High Treason. £10$
L.C.J. What, of Sussex?
Oalcs. Yes, of Sussex.
Mr. Justice A iking. Who did you receive the
commission frunv?
Oates. ffy lord, when "he went over, he left
a great many blank patents to be filled up, and
he left one ready sealed for a commission to sir
John Gage. This was delivered into my hands
when be was absent, but it was signed by him,
mad delivered to me while he was in Jus visita-
tion beyond the seas, but I dare swear it was
fats hand, as I shall answer it before God and
the king.
Mr. Justice Atkins. Who had it you from ?
GaZes. From Mr. Ashby,but by Whitehead's
appointment in his instructions, which I saw
and read.
X. C. J. What was the commission for ?
Gates, To be an officer in the army.
X. C.J. Did you see lb e instructions left
for Asoby ?
Onteu I did see them, and read them, and
I did then, as I always did, gi\e it as my judg-
ment, that it was more safe to poison the king,
than to pistol or srab him.
Mr. Justice Bertue. Was the commission
which you delivered to sir John Gage, from
Ashby or from Whitebread ?
Oates. I had it from Ashby, but White-
bread, who was then beyond sea, had signed
this commission btfore be went. My lord, I
hare soraerhing more yet to say, and that is as
to Mr. Grove, That he did go about with one
Smith to gather Pel er -pence, which was
either to carry on the design, or to send them
to Rome. I saw the book wherein it was en-
tered, and I beard him say that he bad been
gathering of ii.
Grave. Wliere was this ?
Oates. Io Cockpit-alley, where you knew I
lodged.
Grove. Did I ever see you at yoor 1< >dging ?
Oates. You saw me at roy own door.
JL C. J. Why, don't you know Mr. Oates ?
Drove. My lord, I have seen him before.
X. C /. Why this it is, ask a Papist a
question, and you shall have a Jesuitical an-
swer.
Oates. I will convince the Court that he does
knew ine by some circumstances. My lord, in
the month of Dec last, by the provincial's or-
der
X- C. /. I would ask him first, whether he
does know you or no. Do you know Mr.
Oaiea?
Grove. I have seen him before.
X. C. J. Have you been often in his com-
pear?
Grove. No, my lord.
L. C. J. What do yon call often ? Have
Ebeen in his conii>aov seven or eight times ?
we most deal suotilly with such as you are)
e you been in his company ten times?
Grove. No.
X. C. J. What say you to three times ?
Grose* Yes,; J bc)ieve I have seen him twice
or thrice*
X. C. J. Where ? did you never see him at
Whitehead's ?
Grove. As I hope to be saved, and "before
the eternal God. I did never.
Oates. I will convince him and the court,
that he does know me, and is well acquainted
with me; In the mouth of December last I
went to Si. Omers, I went first to the then pro-
vincial's ho u«e, to take my leave of hiiin,' and
there I met Mr. Grove, and he appointed to
come to my lodging the next morning, near the
Red Lion in Drury lane, at one Grigson's-
house,xand he was so well acquainted with me
then, that he had lent me eight shillings to hire
the coach.
L. C. J. Did you lend him eight shillings ?
Grove. I did, my lord, I do not deny it.
X. C. J. How came yon to do it, when it
seems, if you say true, he was a st ran get to
you?
Grove. I thought I should have it again.
X. C.J. What, of him?
Grove. Yes.
X. C. J. Did he desire you to lend him the
eight shillings?
Grove. Yes, he did, my lord.
Oates. Then there is one time that be con*
fesses he saw me.
L. C. J. Did yon not know him before ?
Grove. I had no acquaintance with him, f
had seen him.
X. C. J. Mow came you then to lend money
to one you had no more acquaintance with ?
Grove. I knew I should go along with him
to the coacb, then I thought I should have it
again.
X. C. J. Mr. Oate?, were you going beyond
sea then ?
Oates. Yes, my lord, I was.
X. C. J. Mr. Gate •, did you pay him that
money f
Oates. No, my lord, I did not:
X. C. X Did ycu ask him for the money, end
had you it ?
Grove. He did not pay it me.
X. C. J How then were you sure you
should have it ?
Grove. He did order me to go to such -a*
one for it.
X C. J. Who was that ?
Grove. Mr. Fen wick, I think.
X. C. J. Then Mr. Oates Was known to
you all, he was no such stranger to you as you
would make us believe.
Oates. Thus be confesses three tidies he
had seen me, once before he lent me the money,
another time when he lent it, and the tbiro
time the neit day. And I will put him in
mind of another time, when he and I were in
company, wliere one brought us a note of what
was done in tbe House of Commons, turned
into burlesque, for they used to turn alt that
was done at tbe council, or at the parliament,
or at the courts in Westminster-haH, into bur-
lesque, and then translated it into the French,
and sent it to the French king, for him. to
laugh at too. But that by the way. twice
103] STATE TRIALS, 30 Charles II. 1678.— Trial tf Ireland, Pickering, [104
turn again, and betake myself to the ministry
to get bread, for I have eaten nothing these two
days : and I then gave him five shillings to re-
lieve his present necessity.
Vales. My Lord, I will answer to that ; I
was never in any such straits, I was ordered by
i he provincial to be taken care of by the Pro-
curator.
Fenw. You brought no such order to me.
Oates. Yes, Mr. Fen wick, you know there
was such an order, and I never received so little
in my life as five shillings from you : I have re-
ceived 20 and 30 and 40*. at a time, but never
so little as five.
X. C. J. You are more charitable than you
thought for. '
Fenw. He told me he had not eaten a bit in
two days.
Oates. I have indeed gone a whole day with-
out eating, when I have been hurried about
your trash ; but I assure you, my lord, I never
wanted for any thing among them.
L. C. J. Perhaps it was tasting-day.
X. C. Baron. My Lord, their fasting-days
are none of the worst.
Oates. No, we commonly eat best of those
days.
X. C. J. Have you any thing to ask him, any
of you ?
Whitebread. My Lord, will you be pleased
to give me leave to speak for myself.
Just. Atkins. It is not your time yet to make
your full defence, but if you will ask him any
questions, you may.
Whitebread. I crave your mercy my Lord.
X. C. J. Will you ask him any questions ?
Fenw. Did not you say that you were at my
chamber the 24th of April, with the resolve of
the consult ?
Oatet. That resolve I did then carry to your
chamber.
Fenw. Then was he himself at St. Omers.
X. C. J. The difference of old stile, and hew
stile may perhaps make some alteration in that
circumstance.
Whitebread. But, my Lord, he hath sworn he
was present at several consultations in April
and May, but from November till June he was
constantly at St. Omers.
X. C. J. If you can make it out that he- was
at St. Omers all April and May, then what he
bath said cannot be true.
Ireland. He himself hath confessed it that ha
was at St* Omers.
X. C. J. If you mean by confession, what
stands upon the evidence he hath given, I will
remember you what that was. He says he came
to St. Omers
Oates. Will your lordship give me leave to
satisfy the court : in the month of December,
or November, I went to St. Omers : I remain-
ed there all January, February, March, and^
some part of April : then I came over with the
Fathers to the consult that was appointed the
34th of that month.
Fenw. Did you go back again? Ottes. Yea,
Fenw. When was that ?
more he drank in my company, at the Red {
Posts in Wild- street, and once more when he
owned to me, that he fired South wark.
X. C. J. Now by the oath that you have
taken, did he own to you that- be had fired
South wark ? ■
Oates. My lord, he did tell me that he with
three Irishmen did fire Southwark, and that
they had 1,000/. given them for it, whereof he
had 400/. and the other 200/. a piece.
X. C. J. Now for Mr. Feuwick. Do you
know Mr. Oates?
Fenwick. Yes, my lord, I do.
X. C. J. Were you well acquainted with
liim ? speak plain.
Oates. He was my father-confessor, my
<lord.
X. C. J. Was he so ? were you his con-
fessor ?
Fenwick. I believe he never made any con-
fession in his life.
L. C. J. Yes, he hath made a very good
one now. Were you of his acquaintance, Mr.
Fenwick ? speak home, and don't mince the
natter.
Fenwick. My lord, I have seen him.
X. C.J. I wander what you are made of:
Ask a Protestant, an English one, a plain ques-
tion, and he will scorn to come dallying with an
evasive answer.
Fenw. My Lord, I have been several times .
in his company.
X. C. J. Did you pay 8t. for him ?
Fenw. Yes, I believe I did.
X. C. J. How came you to do it ?
Fenw. He was going to St. Omers.
X. C. J. Why, were you Treasurer for the
Society ?
Fenw. No, my Lord, I was not.
X. C. J. You never bad your 8#. again, had
Fenw. It is" upon my book, my Lord, if I ever
had it.
X. C. X Did Mr. Oates ever pay it again ?
Fenw. No, sure, he was never so honest,
X. C. J. Who had you it of then ?
Fenw. I am certain I had it not from him ;
be did not pay it.
X. C. J. How can yon tell you had it then ?
Fenw. I do suppose I bad it again, but not
of Mr. Oates.
L. C. J. Had you it of Ireland ?
Fenw. I do not know who I had it of, my
lord, nor certainly whether I had it.
X. C. J. Why did you not ask Mr. Oates for
it?
Fenw. He was not able to pay it.
X. C. J. Why did you theu lay it down for
him.
Fenw. Because I was a fool.
I*. C.J. That must be the conclusion always :
when you cannot evade being proved knaves
* by answering directly, you will rather suffer
yourselves to be called fools.
Fenw. My Lord, I have done more for him
than that comes to ; for be came once to me in
a miserable poor condition, and said, I must
105} STATE TRIALS, 30 Caarlks II. 1078.— 4/irf Grove, far High Treason. [IOC
Oates. Id the month of May, presently after
the consults were over.
lour. And we can prove by abundance of
witnesses that he went not from St. Omen all
that month.
L. C. J. Yon shall have what time you will
to prove what you can ; and if you can prove
what you say, you were best fix it opon him ;
for he saJth he was he re at the consults in April
and May ; if yon can prove otherwise, pray do.
Fenw. We can bring an authentic writing (if
there he any such) from St. Omers, under the
seal of the college, and testified by all in the
college, that he was there all the while.
L C. J, Mr. Fenwick, that will not do; for
first, if it were in any other case besides this,
it would be no evidence ; but I know not what
ynu cannot get from St. Omers, or what you
will not call authentic.
Fenw. Does your lordship think there is no
justice out of England ?
L. C. J. It is not, nor cannot be evidence
here.
Tone. It shall be signed by the magistrates
of the town.
L. C. J. What, there ?
Fenw. Yea, there.
L. C. J. You must be tried by the laws of
England, which sends no piece of fact out of
die coon try to be tried.
Fata?. Bat the evidence of it may be brought
L. C. X Then you should have brought it.
You shall have a fair trial ; but we most not
depart from the law or the way oftria), to serve
your purposes. You must be tried according
to the law of the land.
Just. Atkhts. Such evidences as you speak
of we would not allow against you ; and there-
fore we must not allow it for you.
Whit. May this gentleman be put to this;
to produce an v two witnesses that saw him in
town at that time ?
Outes. I will give some circumstauces and
what tokens I have to prove my being here:
Father WarneT, sir Tho. Preston, Father Wil-
liams, and air John Warner, they came hither
with me from St. Omers; there was one Nevil,
'&c. I cannot reckon them all.
L. C. J. You have named enough.
Gates. But to convince them, there was a
fed in the house that was got to the end of his
Bhetorick ; this lad was whipt and turned out
of the house, and had lost all his money : Fa-
ther Wil'iams did re-imburse this lad in order
to bis bringing home, I think the lad's name was
Hnaley, or some such name. And we came
up to London together.
L. C. J. What say you to this circum-
stance?
Whit. My Lord, be knew that two such
came to town, but he was not with them.
JU C. J. You. are now very good at a nega-
tive, I see ; how can you tell that ?
Whit. My Lord, he could not come.
£. C. /. How can you tell he could not
}
Whit. I can fell it very well, for he had no
order to come, nor did come.
LJC. J. How can you undertake to say
that he did not come ?
Whit. Because he had no order to come.
L. C. J. Is that all your reason ? Where •
were you then ? — Whit. I was here.
L. C. J. How do ynu know he was not here?
Whit. He had no orders to come.
L. C. J. Have you any other circumstance,
Mr. Oates, to prove that you were here then ?
Gates. My lord, when I came to London, I
was ordered to keep very close, and I lay at
Grove's house ; let him deny it if be can, I
will tell you who lay there then— — —
Grove. Did you ever lie at my house ?
Gates. There lay a flat en- haired gentleman,
I forgot his name : but I will tell you who lay
there besides ; that is Strange, that was the
late provincial.
L C. J. Did Strange ever lie at your house ?
Grove. Yes, my lord, he did.
L. C. J. Did he lie there in April or May f
Grove. No, he did not in either of them.
L. C. J. You wilt make that appear.
Grove. Yes, that I can by all the house.
L. C. 'J. Have you any more questions to
ask him ? If you have, do : If you can prove
this upon him, that he was absent, and not in
England in April or May, you hare made a
great defence for yourselves, and it shall be re-
membered for your advantage when it comes to
your turn : in the mean time, if you have no
more to say to him, call another witness. Lee
Mr. Oates sit down again, and have some -re-
freshment.
Mr. Serj. Baldwin. We will now call Mr.
Bedlow, my lord.
Then Mr. Bedlow wAs sworn.
Mr. Serj. Baldwin. Mr. Bedlow, pray do you
tell my lord and the jury what you know of any
design of killing the king and by whom.
Bedlow. My Lord, 1 have been five years al-
most employed by the society of Jesuits and
the English monks in Paris to carry and bring let-
ters between them from England and to England
for the promoting of a design tending to the sub*
version of the govermnent,aod the extirpating of
the Protestant Religion, to that degree (which
was always concluded on in alt their consults
wherein I was) that they would not leave any
member of any Heretic in England, that should
survive to tell in the kingdom hereafter that
there ever was any such religion in England as
the Protestant Religion
Here Whiteb read .would have interrupted bun.
My lord, I am so'weH satisfied in their deni-
als, that I cannot but believe they whojean,
give a dispensation, and hare received the sa-
crament to kill a king and destroy a whole king-
dom, do not scruple to give a dispensation for a
little lye to promote such a design, for so much
as this expiates any lie or greater crime.
Sir Cr. Levinj. Pray, sir, will you be pleased
to tell your whole knowledge concerning the
prisoners at the bar.
s
107] STATE TRIALS, 30 Charles II 1678.— Trial qf Ireland, Picketing, [I0S
Bedlaw. The first letter I carried was from
Mr. Harcourt, at his house next door to the
arch in Duke-strect. He hath been Procurator
for the Jesuits about si* years. He employed
me first, and sent for me over, for 1 nus then
.lieutenant in Flanders, and corning home to
receive my pay that was due to me
- L. C. J. How long is it ago ?
Bedlow. Michaelmas last was four years :
when I came to Dunkirk I went to viait the
English nunnery there, and the lady Abbess
finding me very pliable and inclinable, made
very much of me, and I did adhere to her.
She kept me six weeks in the convent, and after-
wards when I went away, recommended mc to
sir John Warner, as an instrument fit to be em-
ployed in the carrying of letters, or doing any
thing that would promote the design against
England. He kept me at Sr. Omers a fortnight
and after sent me to Father Harcourt to be in-
structed in my employment. It was then winter;
the next spring he sends me into England with
divers letters, where by Mr. Harcourt I was
employed to carry several letters to Morton
ana Do way, and other places: that summer I
was sent into England without an answer: but
»fterwards,in 1676, which was the next summer,
I was to carry another pacquet of letters to the
monks at Paris, who sent it to other £ngli*b
Monks in France
L.C.J. Who sent that pacqnet of letters in
1676 ?
Bedlow. I had it from Mr. Harcourt, and it
was written by Harcourt, Pritchard and Cary.
L, C. J. To whom ?
Bedlow. To the English Monks in France,
and in it there was a letter to La Chaise. Upon
the receipt of these letters at Paris La Chaise
had a consultation with the Monks and a French
bishop or two about them ; I did not then
speak French enough to understand what it
was they said, but it was interpreted to me by
Mr. Staplcton an English Monk, who told
me that it was a letter . from my lord Bellasis
and others of the Catholic religion, English
gentlemen that were contrivers of the plot here,
to satisfy them in what state things stood in
England as to popery. I was sent back again
with a pacquet of letters directed to Mr.
Vaughan of Courtfield in Monmouthshire.
L.C.J, From whom was that?
Bedlow. From the English Monks at Paris.
Prom that consultation I went to Pontbois,
i there received other letters to carry into
England, I had a course to open their letters,
and read what was in them ; and in those let-
tfers was contained, that the prayers of that
house were for the prosperity of that design,
and they would not mil to be at the consulta-
tion at ■ ■ of Warwickshire gentlemen.
I fell sick at Monmouth, and Mr. Vaughan
tent to me a Jesuit to confess me ; but I was
well before be came, and so was not confessed
by him. I now come to the latter times. .
' I. C. J. You mast speak it over to the
J#ry, that they and the prisoners may hear you.
&dlow. The 26th of May, I6T7, which was
last year, I was sent over with another pacquet
of letters. I had no letters of consequence
forward, and therefore did not call then at
Wotrun, but I called upon the lady Abbess at
Him kirk, and I went thence to Bruges and to
Ghent, where I had some letters for the Eng-
lish nuns, which I delivered to thtni. When I
came to Dowav, T found there that the monks
were gone, that was Sheldon, Staplcton, and
Latham, but the letters were directed to Paris,
and therefore I made haste, and at Cambray I
overtook them. And the letters were to give an
account of the consultation held in the gallery
at Somerset-house : All tending to the destruc-
tion of the Protestant religion, and killing the
king ; but I do not think fit to declare here
who were the persons that ware present at that
consultation. At Cambray they were very joy-
ful that there was so good n proceeding in Eng-
land. At Paris when the letters were shewed,
there was a letter written in a language which
I did not understand, but, as I was told, in that
letter they wfrre charged in Paris by my lord
Bellasis, that they did not proceed according to
their promise to them in England ; but, said
Stapleton to mp, Myionl Bellasis nor the so-
ciety in England need not to write thus to us,
for we nre not so backward but that we can
lend men, nnd money, and arms too, and will
upon occasion. Fiom the.nce they sent me to
Spain with a letter to an Irish Father : I did
overtake him at Sa Mora. From thence I went
with another letter to the rector of a College
of Irish Jesuits in Salamanca. By their con-
trivance I wsb sent to St. Jago in Spain, where
was another college of Irish Jesuits : there I staid
till I bad an answer lo sir William Godolphin ;
and when I had the answer to that letter, I
went for the letter from the rector at Sala-
manca. The Jesuits there told me, they would
take care to send their own answer another way ;
And w hen they had made me that promise,* I
came away for England, and landed at Milford-
Haven ; AH this reaches to none of those per-
sons in particular ; But what I now shalk say
shall be about them, only it was necessary I
shoeld speak of what I have said.
L. C. J. The meaning of all this is only to
shew the Jury and satisfy them, that he was
an agent for these men, and hath been employ-
ed by them for five years together, and he names
you the particular places whither he hath been
sent, to shew you the reasons of his knowledge
in this matter, and upon what account he cornea
to be informed of this design,
Bedlam. Having received the news of that
country, I did there take water, and landed
again at Pensans, and when I came to London
I gave the letter to Harcourt : what was in that
pacquet I cannot particularly tell, for I was
not so inquisitive as to look into the contents
of it, but I know it was tending (as all the rest
did) to the carrying on of this plot : Afterwards
I was employed by Harcourt and Coleman to
go to some parts of England to commaoicat*
the letters to some of the popish petty,
L. C. J. Now turn to the Jury.
106] STATE TRIALS, 30 Ciiakles II. ltt8<— «m! Gtvcc, for High TVcwen. [IK)
Bedkm. The Summer nw pa6t in the doing
of that : In the beginning of August tat* there
wasa constitution and a close one at tfurcourl'B
chamber, so as that they did not permit we to
know any thing of it. I went out of town for
a fortnight, and when I relumed, I understood
there had been such a meeting ; I charged
them with their privacy in it, aud asked what
was the private design of that consultation ;
they said it was something I should know in
tine : That it did not signify much at present,
hat in time I should know it : But theu I un-
derstood by Pritchard, who was more my con-
fident than any of the rest, thnt it wa* a de-
sign to kill the king : That Pickering and Orove
had undertaken it a great while, and that they
had been endeavouring a long while to bring it
to pass.
temcick. Where was tljis meeting, and when ?
Bedhm. Last Augu?t,at Harcourt's chamber.
FcJtmrick. Who were present there ?
Bedlow. Be pleased to give me leave to go
oa ; I will tell you by and by : Then I understood
as I said, that it was to kill the king, bat that
Pickering and Grove railing of it, they had
Isred fbar ruffians that were to go to Windsor,
and do it there and that if I would come the
next day, I ebould hear from Coleman the
effect ; When I came there I found Coleman
was gone but Pritcbard said there were some
seat to Windsor, and that Coleman was go-
ing after them, end that he had given a mes-
senger a guinea that was to carry the mo-
ney to them. And he would presently be after
them, for fear they should want opportunity to
effect their design. Then I discoursed them,
why they kept their design so long hid from
me ? They said it w as a resolve of the society,
and an order of my lord Bellasis, that none
should know it but the society, and those that
were actors in it. I seemed satisfied with that
answer at present. About the latter end of
August, or the beginning of September, (bnt I
believe it was the latter end of August) I came
to Harcourt's chamber, and there was Ireland
and Pritcbard, and Pickering, and Grove.
X. C. J. What part of August was h ?
Bedim?. The latter end.
JL C.J. Do you say if positively, that it was
the latter end of August.
Be/Horn. My lord, it was in August ; I do
not swear positively to a day.
L. C J. But you say it was in August ?
Ireland, And that we were there present ?
Bedlow. You were there, and Grove, and
Pickering.
Ireland. Did you see me before?
Bedlam. You were present there, and Orove,
and Piekefing, and rritchard, and Fogarthy,.
and Harconrt, and I.
X. C. J. What did you talk of there?
3*4ltm. That the ruffians missing of killing
the ling at Windsor, Pickering and Grove
shooJd go on, and that Conyers should be jpin-
•d with them ; and that was to assassinate the
king in bis morning walks at Newmarket : and
they bad taken it so strongly upon them, that
they were very eager upon it : And Grave was
•snore, forward thau the rest : And said, since it
could net be done clandestinely, it shoald be
alternated openly. And that ihotrthat da ml|,
bad toe ptery to die in a good cause. But
(said he) if it be discovered, the discovery can
never cease to that height, but \beir party
would be strong enough to bring it to pass.,
X. C. J. And yen swear Ireland was there ?
Bedlow. He was there, my Lord.
X. G. J. And beard all this ?
Bedlow. Yes, my Lord ; and so did Grov*
and Pickering, and the rest.
Ireland. Aiy Lord, I never saw htm before
in my life.
X. C. J. What was the reward that you
were to have for your pains in this business?
Bed tow. My Lord, the reward that I was
to have (as it was told me by Harcoart) was
very considerable : I belonged to one particu-
lar part of the society. There are others; and
I presume* they each kept their particular
messengers.
X. C» J. What was Grove to- have ? *
Bedlow. Grove was to have fifteen hundred
pound, if he escaped, and to be a continual
favourite, and respected as a great person by
all the church.
X. C. J. What was Pickering to have?
Bedlow. He was to have so many masses,
I cannot presume to tell the number ; but they
were to be as many, as at twelve pence a mass
should come to tiiat money : These masses
were to be communicated to all the .results
beyond (he seas, that when he had done it, he
might be sent away immediately.
X, C. J. What can you say of any of the
rest?
Bedlow. My lord, I do not charge any
more but them three.
X. C. X What say you to Whitebread ?
Bedfow. They have said, that he was very
active in the plot ; but I know it not.
X. C. X That is not any evidence against
him. What can you say, as to Fenwick ?
Bedlow. No more than I have said, as to
Mr. Whitebread : I only know him by sight.
X. C. J. Then -he charges only these three
upon oath, Ireland, Pickering, and Grove.
Ireland. Do you know sir John Warner ?
Bedlow. I know Father Warner at St.
Omers, and sir John Warner at Wotton by
St. Omers.
Ireland. He named sir John Warner to be
at Paris.
Bedlow. It was Sheldon I spoke of (my
lord) at Paris.
Ireland. At least you are certain, that I
was present at that consultation.
Bedlow. Yes : I am certain, you were
there.
Ireland'. Can you produce any witnesf,
that you ever spoVe to me before in your
life ?
Mr. Sen. Baldwin. Do you know any
thing of Mr. White bread's being present «
any of the consults?
Ill] STATE TRIALS, 30 Chau.es II. 1 678.— TWo/ of Ireland, Metering, [1 12
Bedlo*. . I do know, that Whitebread,' and
Fenwick both, have been several times at
consultations; bat I do not know what the
particular resolves of those consultations were.
X. C» J. Did you ever hear them speak any
thing in particular ?
Bedlow. No, . I have never heard them
•peak any thing in particular.
X. C. J, Where have you seen Fenwick?
Bedlow. I have seen Fenwick at Harcourt's
chamber, and I have often heard him talked
of; and it hath been told me, That nothing
was done without Fenwick.
Whitebread. Are you sure yon know us ?
Bedlow. I do not say, you are the man that
employed me : you are the man I was least
acquainted with, of all the society ; but I have
seen you tl\ere.
Ireland. Can you bring any one that can
testify it?
X. C. J. He must then have brought one
of yourselves ; and it may be, be cannot pro-
duce any such one.
Ireland. Nor no one else, except such a
knight of the Post, as Mr. Oates.
X. C. J, You must be corrected for that,
Mr. Ireland : You shall not come- here to
abuse the king's evidence. Nothing appears
to us, that reflects upon * Mr. Oates's testi-
mony ; and we. must not suffer any such sort of
language.
Mr. Just. Atk. Take off his credit as much
as you can by proof, but you must not abuse
him by ill language.
Mr. Finch. Can you tell the court and the
jury, when it was that by agreement Grove
jhoald have the 1,500/.
Bedlow. He was to have it put into a friend's
hands*
L.C. J. Do you know that friend's name ?
Bedlow. No, my lord, I do not.
Mr. Finch. Do you know when that was to
be delivered out to him ?
Bedlow. As to the particular time of their
agreement, I do not know it.
Mr. Finch. But this he says, That when
the agreement was made, he was to have
1,500/T
. X»- C. J. And he says this, That Ireland
was in August last, with Pickering and Grove,
and others, at a consult ; where be was also.
Ireland. But what if I prove I was not in
London all August last, from the beginning to
.the end.
X. C. J. You heard them talk of this
matter in August, at Harcourt's chamber, you
say I What, did they talk of it as a matter they
had agreed?
Bedlow. My lord, they brought it in, as
being baulked in their design of killing the
king at Windsor ; and because that had not
taken the effect they intended it, they should
have Conyers joined to them, to do it at New-
market.
Mr. Finch. Did they tell you when, and
where the agreement was made ?
X. C. /. No, he speaks not of that; but
they talked of the failure at Windsor : And
therefore they did conclude, that Conyers
should be joined to them, to do it at New-
market.— Bedlow. Yes, my lord.
X. C. J. Have you any more to say ?
Bedlow. My lord, I would only say this ;
If I had any to prove what I say, they mu»t be
parties as well as these persons.
Ireland. My lord, I will prove, That I
was not in town in August all the month, by
twenty witnesses : I will bring those that saw
me in Staffordshire, and spoke with me all
August.
X. C. /. 'Have you any more to ask him ?
Whitebread. No.
Sen. Baldwin. Swear Mr. William Bedlow.
And he was sworn.
Ireland. He does say, That be was familiar
with me, and several other persons here ; and
therefore, I desire he may specify the place, and
the company.
William Bedlow. I do not say, there was a
familiarity ; for I was a stranger to that part of
the society.
X. C. J. You must take him right, Mr. Ire*
land ; he hath not said, that he was of your fa-
miliar acquaintance.
Bedlow. I have seen you often, sir.
Ireland. Where ?
Bedlow. At Monsieur le Faire's.
Ireland. W here was that ?
Bedlow. At Somerset-house.
Ireland. Was there any one present besides ?
Bedlow. Yes, several other priests and Je-
suits of Somerset- house.
Ireland, Name one.
Bedlow. Siguior Perrare.
Ireland. You say, you saw me and Perrare
together at Somerset-house, I suppose, if siguior
Perrare may be brought hither
Bedlow. My lord, Perrare is a priest in or-
ders ; and without doubt is in this business.
X. C. J. If he did see you, he must see yon
in such company as you keep, they were priests
and Jesuits, and of your own religion ; and we
know very well what answers we are like to be
put off with by men of your own persuasion at
this time of day.
Ireland. My lord, if no body's oath can be
taken that is of another persuasion than the
church of England, it is hard.
X. C. J. Pray mind you do not object inge-
nuously : for you say, This witness swears he
saw me in such company, why does he not pro*
duce them to testify it ? Why ? he does not
come prepared to produce them ; if he should,
we know well how you ore concerned one for
another at this time ; and we can hardly expect
they should make true answers. But notwith-
p standing, if you will produce this Father Per-
rare, (he cannot be sworn because it is against
the law, but} his testimony shall be heard, and
let it go as rar as it can.
Bellow. If your lordship pleases, my lord, I
would convince him that he does know me.
Have you not been, sir, atSomemt*bo,ose r
«3\ STATE TRIALS, SO Chaelm U. 1678 — «irf Gtove, Jbr Higk Tnxtxm. [114
Irekad, Yes, I tmve.
BaUow* Do you know le Faire and Perrare?
htkasL Yea, but I uever sair you in their
jcoapaay in Somerset-house in my life, above
once or twice.
Bediow. Yea, you have twice at le Faire's.
L. C. J. Where is that le Faire? You would
do well to produce him ?
Bedlow^ My lord, he is gone away, and is
eee against whom the king's proclamation is out.
-L- C. J. You keep such company as run
away, and then you require biui to produce
them, whom the king's proclamation cannot
bring, in.
Ireland* I keep none but honest company.
Bedlam. If your lord»bip pleases, I have one
thing more that is very material to speak ; at
the same time that there was a discourse about
these three gentlemen's being to destroy the
king at Newmarket, at the same time there was
a dsscourse of a design to kill several noble per-
sous, and the particular parts assigned to every
one. Knight was to kill the earl of Shaftsbury,
f*ritehard the duke of Buckingham, Oneile the
earl of Ossory, Obrian the duke of Ormond.
L. C. J. Well, will you have any more of
tins?
Mr. Finch, Yon say, you saw Mr. Ireland
say mass, where did you see him ?
Bedlow. Not Mr. Ireland, but Mr. Fenwick,
I bare seen- him say mass, and at Wild- ho use.
Oales. My lord, I did omit a consult wherein
there was a design laid of taking away the duke
of Ormond's life,' and of a rebellion that was to
be raised in Ireland. My lord, in the month of
January last, there came letters from archbi-
shop Talbot to London, which letters were pe-
rused, by Fenwick, and Ireland, and White-
bread, and when they were perused, they were
sent and* communicated to the Fathers at St.
Outers. The contents of those letters were tlias,
That the Catholics bad a fair prospect of effect-
ing their designs in the kingdom of Ireland.
And this letter was inclosed in a letter signed
by Whitebread, Ireland, Fenwick, and others,
1 same no man's name that is not here.
X. C. J- You saw the letter ?
Oales. Yes, I did see it, and read it, wherein
they did gfve thanks* utito God, that he was
pleased to prosper their designs so fairly in Ire-
land ; and withal they did say, that they would
not leave a stone unturned to foot out that abo-
miaable heresy out of that kingdom. Now what
that abominable heresy was, I have nothing hut
a conjecture.
L C. J. We all know what tbat is well
enough, there needs no proof of that.
Gates. In the month of1 August, Fenwick, a
little before he went to St. Outers, on the 21st
er* August, (as I think it was) that week that
Bartholomew- fair began on (as I take it) he was
then going to fetch home the provincial, and to
carr some students with him, and he went
totoSt. Omen the Monday following; hut then
Aeie was a c^nMilt, and at that consult Fen-
, tick did cooaeut to the contrivance of the death
' if the duke of Ormond/ and for the rebellion
fOL, VJJ.
that was to be raised Jn Ireland after his death.
And he did approve of the four Jesuits that
were to kill my lord of Ormond, and did cod*
sent to send Foganhy down to the archbishop
of Dublin, in case the four good Fathers did not
hit the business. Mr. Whitebread, my lord,
did consent when he came over, as appears by
their entry-books. For there come a letter from,
him dated as from St. Omers, but I concluded
it did not come from thence, because it paid
but two-pence.
Whitebread. Who was it that writ that letter?
Oates. My lord, this letter was dated ay the
latter part of August, and dated as from St*
Omers, but the post mark upon it was but two-
pence, to be paid for it; so that I do conclude
thence Mr. Whitebread was then at esquire
Leigh's house in Bat in that letter
he did like the proposal that was made about
killing the duka of Ormond in that consult., ami
the letter was signed with bis own hand.
L. C. J. I would gladly see that letter.
Oates. If 1 could see it, I could know it. '
X. C. J. You hare not that fetter ?
Oates. No, but they kept a book wherein
they registered all their resolutions, and there it
was entered.
L. C. J. You upon your oath say, That be
as superior of them did keep a book, wherein
they registered all their consults?
Oates. Yes, my lord.
L. C. J. You would do well to shew .us your
book, Mr. Whitebread.
Whitebread. We never kept any.
Oates. The consult did ; for though the su-
perior have an absolute power over the subject,
yet they never do any thing of consequence
without the consult. And this book was kept
by the superior, and never opened but at the
consul t, and therein all the passages were regis-
tered.
L. C. J. Produce your book, and we shall
see whether you cannot catch Mr. Oates in
something or other.
Bedlow. My lord, that book I have seen;
and therein all their consults are registered.
L. C. J. Was their books kept by them?
Bedlow. Yes, my lord, all the consults did
keep books, and Mr. Langhorn was the person
that registered all into one.
L. C. J. If a' hundred witnesses swear it,
they will deny it. Well, will yon have any more?
Mr. S. Baldwyn. My lord, we will now call
Mr. James Bedlow, this gentleman's brother, to
shew you, that these *ort of pewons did. resort
to him frequently.
L. C. J. Are you sworn, sir?
J. Bedlow. Yes, my lord, I am.
L. C. J. Then let tne ask- you one short
question. Do yon knortr Mr. Ireland ?
J. Bedlow. No. •
L. C. J. Do yon know Pickering or Greyer1
J. Bedlow. I have heard of them.
L. C. J. Did your brother know any thing
of them ?
J. Bedtow* As for the conspiracy of kulinsj
I
U&] 1ST ATE TRIALS, 30 Charles II. 1 678— Trio/ qf Ireland, Pickering, [1 10
the ting, I know nothing of it ; but about bis
knowledge of Priests and Jesuits, and the con-
verse be bad beyond sea, that I can speak to.
And I have very often heard these men'* names
named. v
L. C. J. In what nature did he talk of them?
J< Bedlow. I know notlting of tbe Plot, and
as for any Design I knew not what my brother
knew, but I have heard him talk of them.
i. C. J. Htf w did he talk of them ?
J. Bedlow. tie mentioned them as hit ac-
quaintance, the Jesuits there did ask him ques-
tions about them.
L. C. X And did it appear to you they were
of his acquaintance?
J. Bedlow, But I understood nothing of the
Plot or Design, by tbe oath I h«ve taken.
L. C. J. But did he Speak as if he knew any
of them?
J, Bedlam, For any certain knowledge that
f&y brother had of them I cannot speak, but I
have often heard him talk of them as people I
thought he knew.
Mr. Finch. Do you know, that when he
came over from beyond sea, that his lodging
was frequented by any, and by whom?
J. Bedlow. Yes; there were many priests and'
Jesuits came to him.
Mr. Finch. Did your brother receive an/
money from them ?
J. Bedlow. Yes, my lord, I have fetched
many score of pounds for my brother from
them.
L. C. J. The use, gentlemen, that the king's
council make of this evidence, is only to shew,
That his brother Mr. Bedlow was conversant
in their affairs, in that he hath received many a
score of pounds in the managing of their busi-
Sir Cr. Levin*. Pray, from whom had your
brother that money ?
J. Bedlow. I have proved that from the
goldsmiths themselves that paid it, before the
duke of Monmouth, my lord chancellor, and
lord treasurer.
Mr. Finch. Have you received any consi-
derable sum at a time?
J. Bedlow. Yes, I have.
Mr. Finch. How much ?
J. Bedlow. Fifty or threescore pounds at a
time.
Finch. Of whom?
J. Bedlow. Of Priests and Jesuits.
Finch. For whom ?
J. Bedlow. For my brother.
L. C. J. Will you have any more evidence ?
Mr. Serj. Baldwyn. Yes, my lord, ihe next
evidence we produce, is. concerning a letter ;
there was a letter written by one Mr. Peters,
that is now a prisoner, to one Tonstail a Jesuit;
and this letter does mention, That there was a
meeting appointed by order of Whitebread to
be at London.
L. C. J. What is that, to them, and how
come you by it ?
Serj. Bafdwun. Peters is now in prison for
things of ibis mature ; and you have heard of
one Harcourt, and out of his study this letter
was taken. * x
W. Bedlow. My lord, may I not have liberty
to withdraw? My head akes so extremely, I
cannot endure it.
L. C. J. Mr. 'Bedlow, you may sit down,
but we cannot part with you yet. -
Ireland. I desire, my lord, that his brother
may be asked, how long lie had known me.
L. C. J. Cari you recollect by the discourses
you have heard, how long he might have known
Ireland ? »
J. Bedlow. No/ my lord, it was out of my
wav.
1. C. J. But did be talk of Ireland?
J. Bedlow. Yes, my lord, he did.
Ireland. As being where, in what place ?
J. Bedlow. I cannot tell.
Ireland. He named one place three years
ago, it was at Paris.
L. C. J. But he does not say that you were
there, but that yon were familiarly talked of
there; so that the meaning is, tltey were ac-
quainted with you : And this is only brought to
shew, that it is not a new- taken- up thing by
Bedlow, though you seemed never to have
known any such man ; yet be swears, saith lie,
I have heard such persons talked of as my bro-
ther's acquaintance.
Ireland. If his brother had talked of me
three years ago, why then he must have know*,
me three years ago.
L. C. J. I will ask him that question : How
long is it since you knew him?
W. Bedlow. I have known him bur since
August this same last summer ; but, my lord, I
talkt five, and four years ago of several English
Monks and Jesuits that were then at Rome,
that I never knew in my life.
L. C. J. His answer then is this, saith hie
brother, I have heard him talk of them three
years ago; .1 then asked Bedlow, how long be
had known them? saith he, I did not know
them three years ago, though I did talk of theoi
three years ago; for we have talkt of many
that we never saw in our lives : So it seems he"
had occasion to make use of your names fre-
quently, and join them with those of some lie
knew better : But he never knew you 'till
August last ; but he did discourse of you three
years ago, as known lor such sort of persons. _
Ireland, tie must hear somebody speak of
us, as being in some place or another.
W. Bedlow. I will satisfy you in that. We
talk of some now in England, that are to be
sent a year hence.
L. C. J. If you can produce but Harcourl
and Le Faire, they will do you great service
now.
W. Bedlow. Mv lord, as for example, FatUei
Pritchard is confessor to such a gentlemao ii
England now this year ; a year hence we onus
send such a one hither, and he must go bach
And we may talk of that person as in Eugland
two years before.
L. C. J. You need not trouble yowrselvc
about that. Mr. Ireland, you shall have a fai
lit] STATE TRIALS, SO Chaelbs fl. 1678.— and Grow, for High Treason. [1 1$
trial, tat yoa will not have conning or art
eaeagh to deceive the jury, nor will Mr. White-
bread bave learning enough to baffle the court.
TUn Mr. W. Bedlow and his Brother withdrew.
Serj. BalHwtfn. My lord, Tlie next evidence
that we shall give, as I said, is a letter from one
Peters to one Tonstall, and this we will bring
tome to Mr. Whitebread. for it is an invita-
tion to he at the consult held -at London the
24th of April ; and it was written about that
very time, to wit, the 3d of April. It was
written from London, and it mentions, tint
Mr. Whitebread did fix the meeting at that
time. We will tell you how we came by the
letter. Mr. Ilarcoort, who is one of the prin-
cipal-persons here, and at whose house was
the meeting you heard of, he himself is fled
away, when they came* to look after him upon
the discovery that was made : And Mr. Brad-
ley, who was the messenger to sejie upon him,
did according to direction search his study, and
did there find this letter, winch we conceive,
my lord, to be very good evidence ; this Har-
coart being a party, and one at whose house
toe /ast meeting was, and others was. We do
cosceife a letter from one of that party, beiir-
iag date about the same time, concerning Mr.
Wbitebread's Summons, who was master of I ho
Company, is very good evidence against them.
L.C.J. If you had found it ia Mr. White-*
bread's custody, you say something.
Just. Bertie. My brother puts it so : We
find a letter directed to Mr. Whitebrcnd, let
the matter of it be what it will, it is found
among Harcourt's papers.
Serj. Baldwin, No, my Lord ; we find a
letter from one Mr. Peters now a prisoner, di-
rected to Mr. Tonstall concerning the consult
samsaoned by Wuitebread, and this we find in
HaicourVs possession.
L. C. J. I cannot understand how this may
afect Mr. Whitebread.
Mr. Finch. Pray, ray Lord, if your lord-
ship please, this is the use we make of this let-
ter; we do not produce it as another evidence
of this design, but to fortify that part of the
evidence which hath already been given,
Thai there was a consult summoned at that
one, and to be held with all the privacy that
could be, to pi event discovery. And this is
the paper that we find in the custody of Har-
cocrt, one of th conspirators, who is fled for it.
Lb C. X Look you, Mr. Finch, if you use
it not against any particular person, but as an
evidence in general that there . was a plot
amongst them, yon say light enough ; but it
cannot be evidence against any one particular
person of the prisoners at the bar.
Mr. Finch. My lord, it can affect no par-
tjcolar (person,; but we only use it in the gene-
ral, and we pray it may be read.
L. C. J. Gentlemen of the jury, before you
star the letter ready I would say this to you,
Let them hare fair play ; whatsoever they
Bete onto others, we will shew them justice.
They shall have as fair play upon their trials
as any persons whatsoever. The tiling that is
offered to be given in evidence, is a letter writ-
ten by one Peters a prisoner for ibis, plot, and
directed to one Tonstall a Jesuit, and this is
found in Harcourt's chamber, a priest that is
fled, and one whom the king hath commanded
to render himself by his proclamation ; but he
docs not. Now in that letter there is a dis-
course of a design and plot on foot. This caa-
not be evidence to charge any one particular
person of these ; hut only to satisfy you and
all the world, that those letters and papers that
are found amongst their own priests, do for-
tify the testimony of Mr. Oates, that there is
a general plot : It is not applied to any parti*
cular person.
Oates. The day before the consult met, Mn
Whitebread did ask Mr. Peters whether he had
summoned the consult according to his direc-
tion. Mr. Peters told him, Yes, he had writ
into Warwickshire and Worcestershire.
Whitebread. When was this ?
Oates. The day before the consult met.
Whitebread. l5id you hear me ask Mr.
Peters ?
Octet. Yes,. I did hear you, and I did hear
him say he had done' it. Now, my Lore], this
letter that is found in Harcourt's" study shews,
that Mr. Whitebread had directed Mr. Peters in
this consult. ,
Serj. BalHon/n. Pray swear sir Tho. Dole-
man to shew how he came by it. Which was
done.
Serj. Baldpyn. Sir Thomas Dolcman, what
do you know of this letter ?
Sir Tho. Dolcman. This letter in my hand
was taken amongst Harcourt's papeis, in a
great hag of paper ; and searching them I did
find this letter amongst the rest.
Then the letter was shewn to Mr. Oates.
L. C. J. Is that Mr. Peter's hand?
Oat a. Ye% my lord, it is.
L. C. J, Were you acquainted with his hand?
Oates. Yes, my Lord, I have often read \/L
in letters.
L.C.J. Do you know Tonstall ?
Oates. My Lord, I do not know him by
that name ; If I did see him, perhaps 1 might
I know men better by their faces.
Sir Cr. Levins. Pray read it.
CL of tht Cr. This is dated February 33,
1677. And superscribed thus, (u These jortys
honoured friend Mr. William Tonstall at Bur-
ion.") v „
*' Honoured dear Sir,
' I have but time to convey these following
* particulars to you. First, I am to give you
1 notice, that it hath seemed fitting to our
' Matter Consult, Prov. &c. to fix the 21st day
' of April next Stylo veteri, for the meetiug at
1 London of our congregation, on which day all
1 those that have a suffrage are to be present
' there, that they may be ready to give a begin-
' ning to the same on- the 24th, which is ibe
.' ne^t after St. GeorgeVday. You are warned
' to have jus tvffragii, and therefore if your
1 occasions should not permit youto.be pre*
119] STATE TRIALS, SO Chabum II. l67*.—7Ht/ of Ireland, Jfefartg, [tSQ
* sent, you are to signify as much, to the end
* others in their ranks be ordered to supply
* your absence : Every one is minded also, not
* to hasten to London long before the time ap-
* pointed, nor to appear much about the town
' until the meeting be over, lest occasion should
4 be given to suspect the design. Finally,
* secrecy, as to the time and place, is much re-
* commended to all those that receive summons,
* as it* will appear of its own nature necessary/
X. C. J. So it was very necessary, indeed.
CL qfCr. There is more of it my Lord.
' Tertiopro domino tolono disco
* Benrfact. Prov. Lunieruit.
* I am straitened for time, that I can only
'assure you, I shall be much glad of obliging
* you any ways, Sir, your servant
Edward Petrb,
u Pray my service where due, &c."
X. C. J. You know nothing of this letter,
Mr. Whitebread ?
Whitebreud. No, my Lord, nothing at all.
X. C. J. Nor you, Mr. Ireland ?
Ireland. It is none of my letter, my Lord.
X. C. J. Did you never hear of it before I
Ireland. Not that I know of in particular.
X. C. J, Well, have you done with the
evidence for the king ?
Serj. Baldwyn. Pray, sir Thorn as Doleman,
•viH you tell my Lord, did Mr. Gates give in
this testimony of the consult, to be the 24th of
April, before this letter was found t
Sir J! Doleman. Mr. Oates gave in his in-
formation about this matter; ' to the king and
toonnci!, four or five days before we found this
letter.
Serj. Jialdwyn. You were speaking of the
teals that were made use of to sign com-
missions, have you them in the Court ?
Oates. Yes, my lord, they are in the Court,
end they were taken out of the Provincial's
chamber.
Whitebread. I confess they had the seals out
of my chamber ; but the taking .of them was
tnore than they had power to do.
Then the Seals were shewn to the Court and
the Jury.
Mr. Finch. It bath been told you already,
gentlemen, what use these seals were put unto ;
to seal commissions to raise an army. And
ire have now done with our evidence for the
)ting( until we hear what the prisoners say.
X. C. J. Before you come to make your de-
fence, I will do that which I think iii justice
and honesty, and according to the duty of my
place and ray oath, I ought to do ; that is, to
•ay something to the jury, before the prisoners
make their own defence. Here are five that
stand indicted of hi^h-treason : I must tell you
this, That as to three of them, that i« to say.
Ireland Pickering and Gi ve, b»th Mr. Oates
ami Mr. Bedlow have sworn the thing flat
ppOn them: Mr. Oates hi* testimony is full
•gainst ihetn aU ; bat Mr. Bedlow does only
agree with him to charge three, and that 4 n this
particular : saith he, I was present at Har-
court's chamber when Ireland was there, and
Pickering and Grove, where they discoursed of
their defeat about their design against the king
at Windsor ; and there they came to a new/
agreement, to do it at New-Market. So that
here is now, as the king's counsel did open it
to you at the first, as there ought to be, two
witnesses ; so here are two, which though they
speak as to a different circumstance of time,
)et they prove one treasonable fact at several
times: tor if killing -the king be the fact in
question, and one proves they would do it by
ooe thing, and another by another ; and one
in one place, and another in another ; yet these
are two witnesses to prove one fact, that is, the
substance, which is, the killing of the king.
So that there are two witnesses against them
three, expressly proving a confederacy to kill
the king : for Ireland's being by, and con-
senting, was the same thing, and as mucb,
as if he had been to do it with Grove
and Pickering; for there are no accessaries
iu treason. I do acknowledge, that Mr.
Oates hath given a very full and ample
testimony, accompanied with all the cir
enmstances of time and place, against tfaesn
all, that may go far to weigh with you, all
things considered, to believe there is a Plot ;
yet I do not think that they have proved it
ugainst Whitebread and Fen wick by two wit-
nesses : so that though the testimony be so full,
as to satisfy a private conscience, yet we must
go according to law too. It will be conve-
nient, from what is already proved, to have
them stay until more* proof may come in : it is
a great evidence that is against them ; but it
not being sufficient in point of law, we dis-
charge vou of them ; it is not a legal proof to
convict them by, whatsoever it may be to sa-
tisfy your consciences. Therefore remove Mr,
Fen wick and Mr. Whitebread from the bar,
and let the other three say what they will for
themselves.*
L. C. Baron. (William Montague, esq.)
(speaking to' the gaoler,) you must understan .
they are no way acquitted ; the evidence is so
full against them by Mr. OateVs testimony, that
there is no reason to acquit them. It is as flat,
as by one witness can be ; and the king hath
sent forth a proclamation for further discovery;
before the time therein prefixed be out, no-
quest ion there will come in more evidence r
therefore keep them as strict as you can.
Then Whitebread and Fen wick were taken
back to the gaol by the keeper.
L. C. J. Now, gentlemen, yon shall have
liberty to make your full defence.
Ireland. First, I shall endeavour to prore
there are not two witnesses against me: -for
that which he says, of mv being at Harcourt'a
chanher in August, is false ; for I will prove
* See the account of their Trials, June 18t
1619, infra, ipd the Note thereto*
mi STATE TRIALS, 30 Charlk* II. 1678 — mi Grope, far High Treason. [132
1 was all August long out of town, for I was
then m Staffordshire.
X. C. J. Call your witnesses.
Ireland, ir there be any of them bere.
X. C. J. Whoever comet to give evidence
for you, shall go and come in safety ; they
Shall not be trepanned for anj thing of that,
hot they shall be heard.
Ireland* My lord, we are kept so strict,
that we are not permitted to send tor auy body.
L. C. J. As soon as your sister came to me,
I ordered she should have access to
you,
and
that yon should have pen, ink and paper, in
order to your defence ; therefore call those
witnesses yon have, to prove what you say.
Ireland. I can only say this, That last An*
gnat apon the 3rd day I went down to Staf-
ssrdehire with my lord Aston, and his lady,
aad his son, and sir John Southcot and his
lady, and all these can testify that I went
down with them. Here is Mr. John Aston in
town, j( he may be found, who was in my com-
pany aU August in Staffordshire.
Is. C. I. Will yoo call that gentleman ?
Crier, call him.
drier, Mr. John Aston.
Ireland. It is an hundred to one if he be
here ; for I hare not been permitted so much
as to send a scrap of paper.
X. C. J. Your sister had leave to go to
whom yoo thought fit, in your behalf. Yoo
said yon would prove it. Why don't you r
Ireland. I do as much as I can do.
X. C. J. What, by saying so ?
Ireland. Why, I do name them that can
testify.
I*. C. J. If naming them should serve, yoo
most have a law made on purpose for you.
Ireland. Then there is no help for mno-
To save him that labour, the
sing's evidence will prove, that he was m town
at chat time.
Serj. Baldwin. Swear Sarah Paine. Which
j. Baldmyn. My lord, this person was Mr.
Grove's maid.
LC. J. I believe you know your maid, Mr.
Grove, don't you i Look apon ber, she was
your servant.
Grave. Yes, my lord, she was so, she is not
so now.
L. C. J. Do you know Mr. Ireland ?
Sarah Paine. Yes, my lord.
L. £. J. Do you know whether Mr. Ireland
was in town in Aogast last, or no ?
& Paine. I saw him at his own house about
a week before I went with my lord Arlington
to Windsor.
X. C. I. When was that ?
& Paine.: That was about a week after the
king was gone thither.
X. C.-J. Sir Tho. Doleman, what day was it
the king was gone thither ?
Sir T. Doleman. About the fSth of August.
L. C. J. Thirteen and seven is twenty ;
then yoo swot to Windsor about tbe 30th, it
7
seems, and you say that eight days before-yon/
saw Mr. Ireland at his own house ?
S. Paine. Yes, my lord, about eight or nine
days before that, 1 did see him at the door of
his own house, which was a Scriveners in .
Fetter-Lane. Us was going into his own
lodging.
X. C. J. How long had yon known him be-
fore that time ?
S. Paine, My lord, I knew him, for became
often to our house, when I lived at Mr. Grove's ;
he was the man that broke open tbe pacquet
of letters that my master carried about after-
wards, and he sealed all the pacquets that went
beyond tbe seas. And he opened them still t
when the answers returned back again.
Ireland. Now must all tbe people of soy
lodging come and witness that I was out of my
lodging all August.
X. C. J. Call them.
Ireland. There is one Anne Ireland.
X. C. J. Crier, call her.
Crier. Anne Ireland : Here she is.
It. C. J. Come, mistress, what can you say
concerning your brother's being out of town in
August?
A. Ireland. My lord, on Saturday tbe 3rd of
August he set out to go into Staffordshire.
X. C J. How long did bo continue there ?
A. Ireland. Till it was a fortnight before
Michaelmas.
X. C. J. How can you remember that it
was just the 3rd of August ?
A. Ireland. 1 remember it by a very good
circumstance, because on the Wednesday be-
fore, my brother and my mother, and I, were
invited out to dinner; we stayed there all night,
and alt Thursday night, and Friday night my *
brother came home, and on Saturday he set
out far Staffordshire, .
h. C. J. Where was it, maid, that you saw
him ?
S. Paine. I saw him goiog in at the door
of their own house.
X. €. J. When was that?
S. Paine. About a week before I went*
with my lord chamberlain to Windsor, which
was a week after the king went thither.
X. C. J. That must be about tbe 12th or- %
13th. Are you sure you saw him ?
. S. Paine. Yes, my lord, I am sure I saw him..
X. C. J. Do you know this maid, Mr. Ireland?
Ireland. I do not know her, my lord.
X. C. J. She knows you by a very good
token. . You used to break open the letters at
her master's house, and to seal them.
S. Paine. He knows roe very well, for I have
carried several letters to htm, that came from
the carrier as well as those that came from be*,
yond sea.
X. C. X They will deny any thing in the
world.
Ireland. I profess, I do not know her.
Twenty people may come to me, and yet I not
knew tnein ; and the having been Mr. Grove's
servant, may have brought me letters, and yet
I not remember ber. Out, my tofdjwere is my.
133] STATE TRIALS, SO Charles II. 167$. —Trial qf Ireland, Pickering, - [13*
mother Eleanor Ireland, that can testify the
same.
L. C.J. Call her then.
Crier. Eleanor Ireland.
E. Ireland. Here.
L. C. J. Can you tell when your son went
out of town ?
E. Ireland. He went out of town the 3rd
of August, towards Staffordshire.
Ireland. My lord, there is Mr. Charles Gif-
ford will prove that I was a week' after the be-
ginning of September, and the latter end of
August in Staffordshire.
L. C. J. That will not do : for she says
that she saw you in London about the 10th or
12th of August; and she makes it out by a cir-
cumstance, which is better evidence than if she
had come and sworn the precise day wherein
she saw him ; for I should not have been satis-
fied, unless she had given me a good account
why she did kuow it to be such a day. She
does it by circumstances, by which we must
calculate that she saw you about the 12th or
13th day. She went to1 my lord Arlington's
at such a day, a week after the king went to
Windsor, and that was about the 13th, and she
saw , you a week before she went to my lord
Arlington's, which must be the 12th or 13th.
Yon say you went out of town the 3rd of
August ; who can swear you did not come
back again?
Ireland. All the house can testify 1 did not
come to my lodging.
E. Ireland. He went out of town the 3rd
of August, and did not return till a fortnight
before Michaelmas.
L. C. J. Did you lie at his bouse?
E. Ireland. 1 did then, my lord.
L.C.J. What, all that while?
E. Ireland. Yes, my lord.
L. C. J. So did your daughter too, did she?
jE. Ireland. Ye*s,' she did.
Ireland. • There are others that did see me
the latter end of August in Staffordshire.
L. C. J. And you would fain have crampt
him up, between the 20th and 31st; and then,
it is possible, yon might be in Staffordshire.
Ireland. If I might have been permitted to
send in for such .witness as I would have had,
I conld have brought them.
Recorder. Why, have you not a note of
what witnesses you are to call? Why don't you
call them according to that note?
Ireland. I had that but this morning.
L. C. J. Why,- did you not send /or them
before, to have them ready ?
Recorder. It is his sister that brings that
note of the witnesses that he should caH, and
now they are not here.
A. Ireland. There was one Engletrap, and
one Harrison, bad promised to be here, that
went with him into Staffordshire.
Oate$. My lord, whenever we had a mind
to come to town, we commonly writ our letters,
and let them come to town two days after us.
So that we might prove by the writing of such
letters, if any question did arise, that we could
not be at such a place .at such a time. And
when we pretended to go into the country, we
have gone and taken a chamber in the city,-
and have had frequent cabals at our chare hers
there. Mr. Ireland writ a letter as dated from
St. Oniers, when I took my leave of him at his
own chamber, which was betwixt the l?ilt and
24th in London. He was there; and after-
wards when I went to Fenwick's chamber lie
came thither; a fortnight or ten days at least, I
am sure it was in August.
L. C. J. Here are three witness upon oath
about this one tfring : Here is Mr. Bedlow that
swears the fact, upon which the question arises
to he in August; that you deny, and say
you were out of town then . he produces a
maid here, and she swears that about that time
-which by calculation must be about the 11th or
12th,*she saw you going into your own house.
And here is a third witness, who swears he
knows nothing of this matter of fact, but he
knows you weregn town then, and that he took
his leave of you as going to St. Omers.
Oates. Whereas he says, that the beginning
of September he was in Staffordshire, he was io
town the 1st of September, or 2nd * for then
I had of him twenty shillings.
Ireland. This is a most false lye ; for I waa
then in Staffordshire. And the witnesses con-
tradict themselves ; for the one saitb, he took
his leave of me, as going to St. Omers the 12th ;
the other saith, it was the latter end of August
I was at Harcourt's chamber.
L. C. J. He does not say you went, but you
pretended to go.
A. Ireland. Here is one'Harrison, that was m
coachman that went with them.
L. C. J. Well, what say you, friend ? 'Do you
know Mr. Ireland ?
Harrison. I never saw the man before that
time in my life, but I met with' him at St.
Albans.
L.C.J. When?
Harrison. The 5tb of August. There I met
with him, and was in a journey with bim to
the 16th.
L. C. J. What day of the week was it ?
Harrison. Of a Monday.
L. C. J, Did he come from London on* that
day ?
Har. I cannot tell that But there I met
him.
L. C. J. What time ?
Har. In the evening.
L. C.J. Whereabouts in St. Albans?
Har. At the Bull-inn where we lodged.
L. C. J. Mr. Ireland, you say you went on
Saturday out of town, did you stay at St. Albans
till Monday?
Ireland. No, I went to Standon that day, and.
lav there on Saturday and Sunday night ; on
Monday I went to St. Albans.
X. C. J. What from thence?
• This was the perjury assigned in the first
count of the indictment upon which Oates was
convicted, May 9th, 168& See the thai »*/**<*•
126] STATE TRIALS, SO Charles II. 1678.— a*<* Grove, for High Treason'. [126
btUtmi. Yes my lord.
L. C.J. Why did you go thither? Was that
u jour way ?
Ireland* I went thither for the company of
iff John Southcot and his lady.
JL C. J. How did you kuow that they went
thither ?
Ireland. I understood they were to meet my
lord Aston, and lady, there.
X. C. J. What, on Monday night ?
Ireland. Yes my lord.
. Hot. From thence I went with hits to Tix-
weJ, to my -lord Aston's house, there we were
all with him.
JL C. J. Were yoa my lord Aston's coach-
man?
Har. No, my lord, I was servant to sir John
Sooibcot.
X. C. /. How came yoa to go with them ?
Har. Because my lord Aston is my lady
Sosthcot's brother.
X. C. J. How long was you in his company ?
Hot. From the 5th of August to the 16ib,
and then I was with him at West-Chester.
Mr. Just. Atkins. You have not vet talked
•f being at West- Chester all this while.
' Ireland. My lord I mast talk of my journey
bj degrees.
L. C. /. Before you said you were#all August
in Staffordshire ; come, you must fin'd out some
evasion for Chat.
'Ireland. In Staffordshire, and thereabouts.
X. C. J. You witness, who do you live with ?
Har. With sir John Southcot.
X. C. J. Who brought you hither ?
Har. I came only by a messenger last night,
I* C. J. Was not sir John Southcot in that
journey himself ?
Har. Yes my lord, be was.
X. C. J. Then you might as well have tent
to sir John Southcot himself to come.
A. Ireland. I did it of myself; I never did
such a thing before, and did not understand
the way of ic
Ireland. It was mere chance she did send
for those she did.
I*. C. J. Bat why should *he not send for sir
John himself?
Ireland. She did not know that sir John was
X, C. J. Yoo were not denied to send for any
witnesses, were you ?
Ireland. I was expressly denied ; they would
not let me have one bit of paper.
X. C. J. Fellow, what town was that in
StaJSbrd&hire ? tell me quickly.
Har. It was Tixwell, by my Lord Aston's ;
there we made a stay for three or four days,
then we went to Nantwich, 4md so to West-
Chester.
X. C. J. Were not you at Wolverhampton
wkh him ?
Har* No, my Lord, I was not there, I left
&» at West-Chester.
Ireland. My Lord, I was at Wolverhampton
**h Mr. Charles Gifford, and here he is to at-
tetir.
L. C. J. Well, Sir, what say you?
Gijfovd. My Lord, I saw him there, a day or
two nfter St. Bartholomew's day, there he con-
tinued till the 9th of September; the 7th of
September I saw him there, and I cau bring
twenty and twenty mpre, that saw him there.
Then, as be said, he was to gd towards London,
I came again thither on the 9ih, and there I
found him. And this is all I have to say.
Oatet. My Lord, I do know that day in
September I speak of by a particular circum-
stance.
Irttand. My Lord, there is one William
Bowdrel, that will testify the same, if I might
send for him.
L. C. J. Why han't you him here.
Ireland. She hath done what she can to
bring as many us she could.
X. C. J. Have you any more witnesses to
call.
Ireland. I cannot tell whether there be any
more here, or no.
X. C. J. Mr. Grove, what say you for your-
self?
Grave. Mr. Oates says be lay at my house;
my Lord I have not been able to send for any
witnesses, and therefore I know not whether
there be any here. They could prove that he
did not lie there. He says he saw me receive
the Sacrament at Wild- house, hot he never did;
and if I had any witnesses here, I could prove it.
. X. C. J. He tells it you with such and such
circumstances, who lay there at that time.
Grove. He did never lie there.
X. C. J. Why, you make as if you never
knew Mr. Oates.
Grove. My Lord, I have seen him, but he
never lay at my bouse.
X. C. J. Mr. Pickering, what say you for
yourself? You rely upon your masses. %
Pickering. I never saw Mr. Oates, as I know
of, in my lire.
X.* C. J. What say you to Bedlow ? He tells
you he was with you in Harcourt's chamber such
a day.
Pickering. I will take my oath I was never
in Mr. Bedlow's company in all my life.
L.C. J. I make no question but you will ;
and have a dispensation for it when you have
done. Well, have you any witnesses to call ?
Pickering. I have not had time to send for
any.
L. C. J. You might have moved the court,
when you came at first, and they would have
given you an order to send for any.
Ireland. Methinks there should be some
witnesses brought that know Mr, Oates, to attest
his reputation; tor I am told, there are those that
can prove very ill things against him, they say
he broke prison at Dover.
X. C. J. Why have you not your witnesses
here to prove it ?
Ireland. We could have had them, if we had
time.
X. C. J. See what you ask now ; you would
have time, and the jury are ready to go toge-
ther about their verdict.
12?] STATE TRIALS, 30 Charles 11. 1678.— Trial qf Ireland, Pickering, [MSj
Ireland. Why, we desire but a Httie time to
make out our proof, .
L. C. J. Only you must tye up the jury, and
they roust neither eat nor drink tillMhey give in
a verdict.
Ireland. Then we must confess, there is no
justice for innocence.
L. C. J. Well, if you have any more to say,
say it.
Ireland. My Lord, I have produced witnes-
ses thai prove w hat I have said. •
L. C. J. I will tell you what you have proved,
"you have produced your sister and your mother
and the servant of Seuthcot ; they say you went
out the 3rd of August, and he gives'an account
you came to St. Albans ou the 5th, and then
there is another gentleman, Mr. GifFord, who
says he saw you at Wolverhampton till about a
week in September. Mr Oates hath gainsaid
him in that, so you have one witness against
. Mr. Oates for that circumstance, It cannot
be true what Mr. Oates says, if you were there
all that time, and it cannot be true what Mr.
Gifford says, if you were in London then. And
against your two witnesses, and the coachman,
there are three witnesses, that swear the con-
trary, Mr. Oates, Mr. Bedlow, and the maid;
so that rf she and the .other two be to be be-
lieved, here are three upon oath against your
three upon bare affirmation.
Ireland. I do desire time, that we may bring
in more witnesses.
£. C. J. Come, you are better prepared
than you seem to be. Call whom you have to
call. Can you prove that against • Mr. Oates
which you speak of? If you can, call your wit-
nesses, in God's name, But only to asperse,
though it be the way of your church, it shall
not be the way of trial amongst us. We know
you can call Heretics, and ill names, fast
enough.
Ireland. ' That Hilsley that he names can
prove, if he were here, that Mr. Oates was ail the
while at St. Omers.
L. C. J. • Will you have any more witnesses
called ? If you will, do it, and do not let *us
spend the time of the court thus.
Grove. Here is Mrs. York, that it my sister,
will your lordship please to ask her, whether
the saw that gentleman at my house ?
L. C. J. What say you Mistress ?
York. No, my lord, not I.
' Mr. Just. Atk. Nor I neither ; might not
he be there for all that ?
Oates. To satisfy the court, my lord, I was
in another habit, and went by another name.
L. C. J. Look you, he did as you all do,
disguise yourselves.
Ireland. Though we have no more wit-
nesses, vet we have witnesses that there are
more witnesses.
L. C.J* I know what your way of arguing
fa; that is very pretty; you have' witnesses
that can prove you have witnesses, and those
witnesses can prove you have more witnesses,
and so in infinitum. And thus you argue in
every thing you do.
■
s
Ireland. We can go no further than we can
go, and can give no answer to what ire did not
know would ho proved against us. .
L. C. J. Then look you, gentlemen-
Ireland. My lord, sir Denny Astiburnham '"
promised to be here to testify what be can say
Concerning Mr. Oates. l
L C. J. Call him.
Crier. 6ir Denny Ashburnham. Here
he is, my lord.
L. C. J. Sir Denny, what can you say
concerning Mr. Oates?
Sir D. Ashburnham. My lord, I received a
letter this morning, which I transmitted to Mr.
Attorney, and this letter was only to send t<S
me a copy of an indictment agnuist Mr. Oates
of perjury : I did send it accordingly with my
letter to Mr. Attorney. He bath seen the let-
ter, and what the town says to me in it.
Att. Gen. (Sir William Jones.) I have
seen it, there is nothing in it.
L. C. J. Do you know any thing of yout
own knowledge ?
Sir D. Ashburnham. I do know Mr. Oates,
and have known him a great while ; I have
known him from his cradle, and I do know
that when he was a child, he was not a per-
son of that credit that we could depend upon
what he said.
L. C. J. What signifies that ?
Sir D. Ashburnham. Will you please to hear
me out, my lord f* I have been also solicited by
some of the prisoners who sent to me, hoping
I could say something that would help tbein in
this matter: Particularly last night one Mis-
tress Ireland, sister to the prisoner at t(*e bar,
a gentlewoman I never saw before in my life,
she came to me, and was pressing me hard,
that I would appear here voluntarily to give
evidence for the prisoner. I told her, No, \
ivpuld not by an/ means in the world, nor
could I say any thing, as I thought, that would
advantage them; for I told her, though, per-
haps, upon my knowledge of Mr. Oates fa his
youth, had this discovery come only upon Mr.
Oates's testimony, I might have had some lit*
tie doubt of it ; but it was so corroborated witti
other circumstances that had convinced me,
and I would ,not speak any thing against the
king's witnesses, when I myself was satisfied
with the truth of the thing : And I do think
truly that nothing can be said against Mr.
Oates to take off his credibility; but what I
transmitted to Mr. Attorney, I had from the
town of Hastings, for which I serve.
L. C. L What was hi ihat indictment ?
Sir D. Ashburnham. It is set forth, that lie
did swear the peace against a man, and at his:
taking his oath did say. that there were some
witnesses that would evidence such a point o!
fact, which, when they came, would not tes-
tify so much, and so was forsworn.
L C. J. What was done upon tltat indict
ment r
Sir D. Ashburnham. They did not proceei
upon it ; but here is the letter and the copy o
the indictment.
t€9] STATE TRIALS, 30 Charles II.
Mr. Serjeant Baldwin. My ford, wt dcstrtf
it any be read, and Me what it is.
AH. Gtn. It is only a certificate, pray let
k be rend.
JL C J. I do not think it authentic evi-
Alt% Gen. But if I consent to it, it may
be nod.
L. C. J. If you will read it for the prison-
ers you may, you shall uot read it against them.
If there be any strain, it shall be in favour of
the prisoners, end not against tbem.
Alt. Gem. It is nothing against the prison-
ers, nor lor tbem ; but hot? ever, if your lord-
ship be not satisfied it should be read, let it
L. C. J. Truly, I do not think it is sufficient
evidence, or fit to be read.
A. Ireland. I went to another, col. Shakesby,
who was sick, and could not coirie, but could
bare attested much as to this.
L. C. J. Have yon any more witnesses ?
IreUmd. I have none, nor I bare not time
tabling them in.
L. C. J. If yon have none, what time could
bare brought tbem in ? But you have called a
gentleman that does come in, and truly be hath
doae you very great service ; you would have
bad bim testified against Mr. Oates; be saith
be hath kaowo him ever since be was a child,
and that then lie had not so much credit as
now be bath : And had it been upon his single
testimony that the discovery of the plot had
depended, he should have doubted of it ; bat
Mr. Oates1* evidence, with the testimony of
the tact itself, and all the concurring evidences
whicb.be produces to back bis testimony,
hath convinced him that he is true in his nar-
Sir D. Atkburnkam. Your lordship is right in
what I have spoken.
L. C. J. Have you any snore witnesses, or
any thing more to say for yourselves?
iriand. If I may produce op my own be-
half pledges of my own loyalty, and that of my
L. C. J. Produce whom you will,
btUmd. Here is aiv sister and my mother
tan tell how our relations were plundered for
sidiag with the king.
L. C. /. No, I will tell you why it was; k
was for being papists, and you went to the king
fa shelter.
JnaVme*. I bad an uncle that was killed m
feksns/s service ; besides, thePendrels and the
Oiaaidi that were instrumental for saving the
king, after the fight at Worcester, are my near
L. C. J. Why, all those am papists.
Pickering. My father, my lord, was iufied
in the king's party.
L. C.J. Why then do yon fall off from your
father's virtue?
Pickering. I have not time le produce wit-
nesses on soy own behalf.
Irelnnd. 1 do define time to bring mow wh>
vou VII.
1678 — am} Grove, for High Treason. [110
Grave. As I hare a soul to save, I know
nothing of this matter charged upon me.
X. C.J. Weil, have you any thing more to
soy ?
Ireland. No, My Lord.
L. C. J. You of the kii*g's counsel, will you
sum up the evidence ?
Mr. Serj. Baldwyn. No, my lord, we leave
it to your Lordship.
Cl.qfCr. Crier, make proclamation of si-
lence.
Crier. O Yes! All manner of persons arc
commanded to keep silence upon pain of im-
prisonment. '
Then the Lord Chief Justice directed the Jury
thus :
L. C. J. Gentlemen, you of the jury ! As
to these three persons, Ireland, Pickering,
Grove, (the other two you are discharged oi)
one of them, Ireland it seems, is a priest. I
know not whether Pickering be or no ; Grove
is none, but these are the two men tiwa should
kill the king, and Ireland is a conspirator in
that plot. 'They are all indicted for conspiring
the king's death, and endeavouring to subvert
the government, and destroy the Protestant Re-
ligion, and bring in popery. The maia of the
evidence hath gone upon that foul and black
offence, endeavouring to kill the king. The
utmost end was, without all question, to bring
in Popery, and subvert the Protestant religion;
and they thought this a good means to do it,
by killing the king. That is the thing you have
bad the greatest evidence of. I will sum up the
particulars, and leave tbem with yon. --It is
sworn by Mr. Oates expressly, That on the
34th of April last there was a consultation
held of priests and Jesuits. They are the men
fit only for such a mischief, for I know there
are abundance of honest gentlemen of that pert
suasion, who could never he drawn to do any
of these things, unless they were seduced bar
their priests, that stick at nothing for their own
end : he swears expressly, that the consult was
began at theWhite- Horse tavern in the Strand,
that they there agreed to murder die king ; that
Pickering and Grove were the men that were
to doit, * bo went afterwards and subscribed
this holy league of theirs, and signed it every
one at bis own lodging, Whitebread at hia, Ire-
land at his, and Fenwmk ot bis, two of which
are out of the case, but they are repeated to
you only to shew you the order of the con-
spirecy* That afterwards Pickering and Grove
did agree to the -same, and they received the
sacrament upon it as an oath, to make all sa-
cred, and a seal, so make all secret.
Mr. fiediow hath sworn as to that particular
time of killing. the king by Pickering and Grove
though they were not to give over the design*
but there were four that were ' sent to kill the
king at Windsor. Mr. Oates swears there was
an attempt by Pickering in March last, hot
the mat of the pistol happening to be loose, he
durst not proceed, for which he was rewarded
with penance. He swears there were fonr hired
K
tti] STATE TRIALS, 30 Cbasles IL 1 67^— Trial <tf Inland, Pickering, [1*2
to do it ; that fourscore poinds was provided
forebear Ht saw the money: and swears
bt saw it delivered to the messenger to <;arry it
down.
Ireland. At what time was- that ?
L. C. J. In August there was an* attempt
first by Pickering and Grove. They then not
doing of itfour other persons ('Irishmen) were
hired to do it, aod 10,000/. proffered to sir
George Waketnan to poison the king. Thus
still they %go on in their attempts, and, that
being .too little, 5,000/. more was added. This
is to shew you the gross of the plot in general ;
and also the particular transactions of these
two murderers Grove and Pickering, with the
conspiracy of Ireland. Bedlow swears directly
that in August last, these three and Harconrt,
and Pritchard and Le Faire, being all together
in a room, did discourse of the disappointment
the four had met with in not kilting the king at
•Windsor ; and there the resolution was the old
stagers shoold go on still, but they had one
Con vers joined to them, and they were to kill
the king then at Newmarket. He swears they
did agree to do it ; that Ireland was at it ; and
that all three did consent to that resolve. So
that here are two witnesses that speak positively
with all the circumstances of this attempt, of
the two to kill the king, and the confederacy of
Ireland, all along with them. Now, • I must
tell you, there am no accessaries, but all prin-
cipals, in Treason. It may seem hard, perhaps,
to convict men upon the testimony of their
fellow-offenders, and if it had been possible to
bare brought other witnesses, is> had been well:
bet, in things of this nature, you cannot expect
that the witnesses shoold be absolutely spotless.
You must take such evidence as the nature of
the thing will afford, or you may have the king
destroyed, and our religion too. For Jesuits
ore too subtle to subject themselves to too
plain a proof, such as they cannot evade by
equivocation, or aflat denial.
There is also a letter produced, which, speak-
ing of the consult that was to be the 24th of
April, proves that there was a conspiracy
among tnem : And, although it is not evidence
to convict any one man of them, yet it is evi-
dence upon Mr. Oates's testimony to prove the
general design. It is from one Petre to one of
the confederates, and taken amongst,Harconrt's
papers, after Mr. Oates had given in his testi-
mony; and therein it is mentioned, That the
superior* hud take* care, that there should be a
meeting the 24th of April, the day after Saint
Qeorge's day, which is the very time Oates
speaks of; and that they were not to come to-
rn wn too soon, that the design might not be
discovered. 1 would fain know what the sig-
nification of that clause may be. And then it
goes farther, That it was to be kept secret, as
thenatare of the thing doth require; which
shews plainly there was such a transaction on
foot. But the reason I urge it for is, to shew
you that it is* concurrent evidence with Mr.
Oates, who had never seen this paper till three
or fee* days after tab Jsrbrmation wsughreji in,
wherein* he swears the time when this agitation
was to be, and* when they came to look optfn
the paper, 4t agrees with the time precisely.
Now they do not write in this letter, that they
intend to kill the king, but they write to cau-
tion them to keep the design undiscovered, and
by that you may guess what they mean.
What is said to all this by the prisoners, bat
denial ? Ireland cannot deny bat that he knew
Mr. Oates, and had been in his company some-
times; five times, by circumstances, Mr. Oates
bath proved, so that they were acquaintance ;
and it appears plainly, there was a familiarity
between them. Ireland objects, that Bedlow
charges him in August, when he was out of
town all that time, and that therefore the tes-
timony of one of the witnesses cannot be true.
And, to prove this, he calls his mother, bis
sister, and sir John Southern's man, and Mr.
Gifford. His mother and sister say expressly,
that he went out of town the 3rd of August,
and the servant says, that he saw him at Saint
Albans the 5th of August, and continued in bis
company to the 16th (so that as to that, there
is a testimony both against Mr. Bedlow and
against Mr. Oates) ; and Gifford comes and
says, be saw him at the latter end of August
and beginning of September at Wolverhamp-
ton ; whereas Mr. Oates bath sworn, he saw
him the 12th of August, and the 1st or 2nd of
September, and tells it by a particular circum-
stance, wherein, I most tell you, it is impossi-
ble that both sides should be true. But if it
should be a mistake only in point of time, it de-
stroys not the evidence, unless you think it ne-
cessary to the substance of the thing. If you
charge one in the month of August to hare
done such a fact, if he deny that he was in
that plnce at that time, and proves it .by wit-
nesses, it may go to invalidate the credibility
of a man's testimony, but it does not invalidate
the truth of the thing itself, which may be true
in substance, though the circumstance of time
differ. And the question is, whether the thing
be true?
Against this, the counsel of the king have
three that Swear it positively and expressly,
That Ireland was here, here is a young maid
that knew him very well, and was acquainted
with him, and with his breaking up of letters ;
and she is one that was Grove's servant : Sbe
comes and tells you directly, That about that
time, which, by computation, was about the
18th of August, she saw him go into bis own
house ; which cannot he true, if that be true
which is said on the other side; and sbe doe*
swear it upon better circumstances than- if she
had barely pitched Upon a day ; for she must
have satisfied me weU, for what reason she
could remember the day so positively, ere I
should have believed her : But she does it, re-
membering her going, to my lord Arlington's
service, which was a' week after the king went
to Windsor ; which is sworn to be about the
13th of August, and a week before her gsfaf
it was that she saw Ireland at his awn rloot.
What aitsr they have of evading this, I know
IS] STATE TRIAUS, 30 Charts II. I67$^w4 Grnx, M High Tr***m. [Itt
«*; fer aathey 4mmm turned their learning into
sskiki, so the j have tbeir iategritv loo. The
atari; of politics is their business and art, which
they sake use of opon all occasions ; and 1 6nd
tfcra learned chiefly in cunning, and very sub-
lie ia their evasions. So that too see, without
s/eet. difficult y9 av man cannot have from them
a plain answer to a plain question. Bat the
net against them is here expressly sworn by
oio witnesses ; if you have any reason to dis-
believe them,. I most leave that to you. Sir
D. AshburahaiD, who is produced to discredit
Mr. Oates, says, that when be was a child,
there wa» little or no credit to be given to him,
and it the matter bad depended solely upon his
temmooy, those irregularities of his, when a
soy, would have staggered his belief. But
when the matter is so accompanied with so
aany other circumstances, which are material
ttaiags, and cannot be evaded or denied, it is
simost impossible for any man, either to make
such a story, or not to .believe it when it is told.
I know not whether they can frame such a
one; I am sure never a Protestant ever did,
and, 1 believe, never would invent such a one
to take away their lives : Therefore it is left to
yoar consideration what is sworn : The cir-
cosostances of swearing it by two witnesses, and
what reasons you have to disbelieve them.
It is most plain the Plot is discovered, and
that by these men ; and that it is a Plot, and a
vaJainous one, nothing is plainer. No man of
common understanding, but most see there
was a conspiracy to bring in Popery, and to
destroy the Protestant religion ; and we know
their doctrines and practices too well, to be-
lieve they will stick at any thing that may ef-
fect those ends. They most excuse me, if I be
plain with them; I would not asperse a pro-
session of men, as the priests are, with burd
words, if they were not very true, and if at this
time it were not very necessary. If they had
not murdered kings, I would not say they would
bare done ours. But when it bath been their
practice so to do ; when they have debauched
men's understandings, overturned all morals,
and destroyed all divinity, what shall I say of
them ? when their humility, is such, that they
tread opon the necks of emperors ; their cha-
nty such, as Co kill princes; and their vow of
poverty such, as to covet kingdoms, what shall
I judge of them ? when they ^ave licences to
be, and indulgeacies for nushoods ; nay, when
they can make him a saint that dies in one,
and then pray to him; as the carpenter first
makes an image, and after worships it ; and
can then think to bring in that wooden religiou
of theirs amongst us in this nation, what shall I
rhmk of them ? what shall I say to them ? what
shah* I do with diem?
If there can do a dispensation fjpr the takiog
of any oath (and divers instances may be given
of it, that their church does license them to do
10) it is a cheat upon men's souls, it perverts
sad breaks off all conversation amongst man-
kind ; for bow can we deal or convene in the
world, when there is no sin, hot can be in-
dulged ; no offence so big, but thef can pardon
it, and some of the blackest be accounted me-
ritorious? what is there left for mankind to
lean upon, if a sacrament will not biud them,
unless it be to conceal their wickedness ? If
they shall take tests and sacraments, and aH.
this under colour of religion be avoided, and
signify nothing, what is become of all con-
verse f How can we think ohligutions and pro*
mises between man and man should hold, if a
coveoant between God and man will not ?
We have no such principles nor doctrines ia
our Church, we thank God. To use any pre-
varication in declaring of the truth, is abomi-
nable to natural reason, much more to true re-
ligion ; and it is a strange Church that will al-
low a man to be a knave, hi* possible some
of that communion may be saved, but they caa
never hope to be to in such a course as this. I
know tbey will say, That these are not their*
priuciples, nor these their practices, but they
preach otherwise, they print otherwise, and
their councils do determine otherwise.
Some hold, that the Pope in council is infal*
lible ; and ask any Popish Jesuit of them all,
and be will say the Pope is infallible himself,
in cefieoVo, or he is no right Jesuit. And if so,
whatever they command is to be justified by
their authority; so that if they give a dispensa-
tion to kill a king, that king -as well killed. This
is a religion that ouite unhinges all piety, all
morality, and all conversation, and -to be aba*
minuted by all mankind.
They have some parts of the foundation, it is
true; but they are adulterated, and mixed with
horrid principles, and impious practices. They
eat their God, they kill their king, and saint the
murderer. They indulge all sorts of sins, and
no human bonds can hold them.
They must pardon me if I seem sharp, for a
Papist in England is not to be treated as a Pro-
testant ought to be in Spain : And if ye ask me
wby ? I will give you this reason ; We have no
such principles nor practices as they bave. If
I were in Spain, I should think myself a very iU
Christian, should. I offer to disturb the govern*
mem of the place where I lived, that I may
bring in my religion there. What have I to do
to undermine the tranquillity and peace of a
kingdom, because all that dwell in it are not of
my particular persuasion ?
They do not do so here, there is nothing caa
quench the thirst of a priest and a Jesuit, not
the blood of men, not of any, if he can but pro*
pagate his religion, which in truth is but bis in-
terest.
They hsve not the principles that we have,
therefore they are not. to have that common
credence, which our principles and practices
call for.
They are not to wonder, if they keep no fekh,
that they have none from others ; and let them
say what they will, that tbey do not own any
such things as we charge opon them, and are
like to go bard with them ; for we can shew
them out of their own writings and councils,
that they do justify the power of the Pope in
MS] STATE TRIALS, 50 Ch akles If. 1 676 — Trial of Ireland, Picketing, [ IM
excommuoidating letup* in tfcposimrthem for
heresy, and absolving their subjects from their
allegiance. And the claim of authority both of
' Pope and council, is the surest foundation they
build upon.
I have said so much the more in this matter,
because their actions are so very plain and
open, and yet so pernicious; and it is a very
great providence, that we, and our religion, are
delivered from blood and oppression. I believe
our religion would have stood, notwithstanding
their attempts, and I would have them to know
we are not afraid of them ; nay, I think we
should have maintained it, by destroying
of them. We should have been all in blood, it
is true^ but the greatest effusion would have
been on their bide ; mid without it, how did
they hope it should have been done? There are
honest (gentlemen, I believe hundreds, of that
comm union, who could uot be openly won upon
to engage in such a design. They will not tell
them that the 'king shall be killed ; but they
will. insinuate unto them, that he is but one
man, and if be should die, it were fit they were
in readiness to promote the Catholic religion ;
and when it conies to that, they know what to
do. When they have got them to give money
to provide arms, and be in readiness on their
specious pretence, then the Jesuits will quickly
find them work. One blow shall put them to
exercise their arms; and- when they have killed
the king, the Catholic cause mast benniuitained.
But they have done themselves the mischief,
and have brought . misery upon their whole
party, whom they have ensnared into the de-
sign, upon other pretences than what was really
at the bottom. A Popish priest is a certain se-
ducer, and nothing satisfies him ; not the
blood of kings, if it standi in the way of his am-
v bition. And I hope they have not only unde-
ceived some Protestants, whose charity might
incline them to think them not so bad as they
are ; but I believe obey have shaken their re-
ligion in their own party here, who will be
, ashamed in time that such actions should be
put upon the score of religion.
I return now to the fact, which is proved by
two witnesses, and by the concurrent evidence
of the Utter and the maid ; and the matter is as
plain and notorious as can be, That there was
an intention of bringing in popery by a crael
and bloody way; for I believe (hey could never
have prayed us imo their religion* I leave it
therefore to you to consider, whether you have
not as much evidence from these two men, as
can be expected in a case of this nature; and
whether Mr. Gates be not ratter justified by
the testimony offered against him, than discre-
dited. Let prudence and conscience direct
your verdict, and you will be too hard for their
art and cunning. *
Gentlemen, If you think yon shall be long,
we will adjouru the Court till the afternoon, and
> takeyour verdict then.
Jury. No, my lord, we shall not be long.
#
Then an Officer was sworn to keep the Jury
safis, according, to law, and. they withdraw to-
consider of their Verdict.
After a very short recess, the jury returned,,
and the Clerk of the crown spake to them
thus :
CL of Cr. Gentlemen, answer to your names. ■
Sir William Roberts.
Sir W. Robert*. Here. And so of 4 he rest.
CL of Cr. Gentlemen, Are you all agreed in
your verdict ?
Omnes. Yes.
CI. of Cr. Who shall say for you ?
Omuet. The foreman.
CI. ofCr. Set William Ireland to the bar-
William Ireland, hold up thy Rand. Look upon
the, prisoner. How say you, is he Guilty or*
the high- treason whereof he stands indicted,
or Not Guilty ?
Foreman. Guilty.
CL of Cr. What goods aod chattels, lands er
tenements i
For em**. Nooe to oar knowledge.
CL of Cr. Set Thomas Pickering to the bar.
Tho. Pickering, hokl up thy band. Look upon
the prisoner. How say you, is he Guilty of tbe
same high-treason, or Not Guilty ?
Forema*. Guilty.
CL of Cr. What goods or chattels, leads or
tenements ?
Foreman. None to our knowledge.
CL of Cr. Set J»»hn Grove to the bar. John
Grove, hold up thy, hand. Look upon I ho
prisoner. How say you, is lie Guilty of tbe
same high- treason, or Not Guilty ?
Foreman. Guiity.
CL ofCr. What goods er chattels, lands or
tenements ?
Foreman. None to our knowledge.
CL ofCr. Hearken to your verdict, as the
Court hath recorded it. You say that William
Ireland is Guilty of the high-treason % whereof
he stands indicted. You say that Thomas:
Pickering is Guilty of the same high-treason.
You say that John Grove is Guiky of the earns*
high-treason. And lor them you havo found
Guilty, you say, That they, nor any oi them,
had any goods or chattels, lands or tenements,
at the time of the high-treason committed, er
at any cime since, to your knowledge. And so
you say ail.
OjKJMf. Yes.
L. C. J. You have done, gentlemen, liks>
very good subjects, and very good Christians,
that is to say, like very good Protestants s
aod now much good may their thirty thousand
Mosses do them.
Then the Court adjourned by Proclatnatiom
till four in the afternoon.
In the afternoon the same day.
About five of the clock Mr. Recorder and a
sufficient number of the justices returned into
the Court, the judges being departed home ?
and Proclamation was made for attendance, as
in the morning.
Then the Clerk of the Crown catted for the
1K\ STATE TRIALS 3d Cimali* U. 1 67a.-naed Qroite* fim High Itooio*. [!»:
ptisoaen convicts* of tjis^trsftswa, eadtsok*
to eacb of them thus:
CltfCr. Set Wiltiam Ireland to the bar.
WUhaa Inland, hold up thy hand. Thou
sttsdest convicted of high-treason ; what const
tho* say for thyself, why the Court should not
give thee judgment to die according to law ?
Ireland. My lord,. I represented all along
foe* the beginning, that we had not time co
call in oar witnesses to justify our innocence.
Recorder. If you have aoy thing to say in
stay of judgment, you have all free liberty to
say it-
Ireiamd. We had no time allowed us to
bring in ear witnesses, so that we could have
■one, hot only those that came in by chance ;
and those things they have declared, though
tree, were m»t4>eheved.
Recorder. Thee© things, Mr. Ireland, yon
did not object before the jury gave their ver-
dict ; now thee have given their verdict, and
freed yen Guilty, if you have any thing to
say to the Court why they should not proceed
to judgment according to that verdict, yoo may
speak it ; but fur these things it is too late.
Ireind. My lord, I only have this to say, I
desife mere tirae to be heard again, and to
cail in my witnesses.
Jtaarefcr. Call the Eiecutioner to do his
brland. There are testimonies, my lord,
that I could produce of my loyalty, and my
wessons fidelity to the king.
Recorder. I believe, Mr. Ireland, it will be
a shame to ail your relations that have been
loyal to the king, that you should be privy to
the sawder of that good king whom your rela-
tions so well served ; and therefore if that be
all that yoa have to say, it' will signify nothing.
The Eiecutioner not appearing, the sheriff
of Middlesex was called to come into Court,
aad give attendance, upon pain of 40/. Dut the
Eseoouoner coming in, was, with a reproof
from the Recorder for his negligence, cotn-
assjseed to tie him up, which he did.
CI. efCr. Set Thomas Pickering to the bar.
Thomas Pickering, hold up thy band. Thou
art in the sasse case with the prisoner last
before thee ; what canst thou say for thyself
why the Coon shoald not give thee judgment
to die according to law ?
Recorder. What does he say for himself?
Opt. Mieketrdson. He has nothing to say.
JUcerifer. Then tie him op.
CL ef Cr. Set John Grove to the bar. John
Grove, bold up thy hand. Thou art in the
same esse with the prisoner last before thee,
what canst thou say r»r thyself, why the Court
shoald not give thee judgment to die according
to law ?
Grow. I am as innocent as the child un-
born.
■CL afCr* Tie him qp— Which was done.
€7. ofCr. Criers en both sides, make Pro-
clamations.
Criers. O yes ! AH manner of persons are
eaamanded to koep-suonee whilst judgment is
giving,' upon pain ef hnprisoojnent :. peace
about the Conic
Recorder. Where is the keener t Shew am
the prisoner*, William Ireland, Thomas Pick*
ering, and John Grove.
Capt. Rithardw*. Those are the three.
Reeorden. Yoo, the prisoners at the bar,
you have been arraigned for a very great
offence, the greatest that can he committed
against any authority upon earth, for high-
treasoa against your king, with all the aggra*
votions that possibly can attend so great a
crime as that is ; for yoa did not only strike at
the life of the best of kings, hut you intended
the subversion of i he best of religions. What-
ever yoo may apprehend, yet all men that will
lay their hopes -of salvation upon any thine thai
is fit for a man to lay his hopes upon, which is
upun the merits of a crucified Saviour, and not
upon your Masses, tricks or trumperies, do
abhor the thoughts of promoting their religion :
by massacring kings, and murdering their sub-
jects. And though we whom you call Here-
tics, abhor to own any such religion ; yet we
are not afraid to tell you, aad all others who
are ensnared into your principles, we will main-
tain the religion and the government as it is
established, with our lives and fortunes. And
it is fit that it should be known, that we who
live under the government of so mild and pious
n prince, and in a country where so good, so
moderate a religion is established by few, will
not be affrighted by all your murders, conspi-
racies and designs, from declaring, that they
who dare kill kings, and massaore their sub-
jects, are the highest violators, not only of the
laws of the land, but of that great law which
all good Christians and Protestants think them*
selves obliged to pay great reverence and obe-
dience to, I mean ' the law of God Almighty
himself.
Thus I speak to you, gentlemen, not vannt-
ingly, it is against my nature to insult upon
persons in your sad condition ; God forgive '
you for what yon hare done, and 1 do hear-
tily beg it, though you do not desire I should;
for, poor men, you may believe that your in-
terest in the world to ooine is secured to you
by your Masses, but do not well consider that
vast eternity yoa must ere long enter into, and
that great tribunal you must appear before,
where his Masses (speaking to Pickering) will
not signify so many groats to him, no not one
farthing. A-nd I must say it for the sake of
those silly people whom you have imposed
upon with such fallacies, that the Masses can
no more save thee from a future damnation,
than they do from a present condemnation.
I do not speak this to you, as intending thereby
to inveigh against all persons that profess the
Romish religion ; for there are many that arc
of that persuasion, that do abhor those hate
principles of murdering kings and subverting
governments. There are many honest gentle-
men ia England, I dare say, of that commu-
nion, whom none of the most impudent jesoks
durst undertake to tempt into such designs;
**
139] STATE TRIALS, 30 Charles II.
these are only to be imposed upon silly men,
not upon men of conscience and understanding, j
And I pray God, as was said lately by a learned
gentleman whom we all know, that all Protes-
tants may be as safe from the force of your dag-
gers, as they are from tho*e of your argument* ;
for I dare say, that you could sooner murder
any man that understands the Protestant re-
ligion, than to persuade him to such villanies.
And among those many things which prevailed
with the honest gentlemen of the jury to con-
vict you of this horrid crime, they could not
hut take uotice, that you (speaking to Ireland)
that do pretend to learning, did send into fo-
reign parts that your fellow Jesuits should take
care publicly to preach, That the oaths of al-
legiance and supremacy, by which the common
justice of jhe nation is preserved, signified no-
thing ; which is a strong evidence of your de-
sign, not only to murder the king, but subvert
the government ; for surely the most probable
way to do that, is to asperse those oaths by
which all protestant subjects, those whom you
call heretics, lie under an obligation of obe-
dience to their prince. And I think it not
unfit to tell you, that you had a great favour
showed to you to be tried only for the matter*
contained in this Indictment j for you that are
priests must know, that there is a law in the
land, that would have hunged you for your very
residence here; for if any subject born in Eng-
land shall take orders from the see of Rome,
and afterwards come into England, and re-
main there 40 days, such, for that offence alone,
are made traitors by act of parliament. But
you are so far from being under any awe of
thai law or submission to ir, that you dare not
only come to live here in despite thereof, but
endf avour what you can to overthrow both it,
and the government itself. You dare conspire
to mnrder the king ; nay not only so, but you
dare make your consults thereof public. You
dare write your names to those consults.
You dare solicit all your party to do the like,
and make all the ties of religion and conscience
(.that to considering Christians are obligations to
piety and charity) as engagements either to
act your villanies, or to conceal them. We
think no power can dispense with us, whom
Su call heretics, to falsify our oaths, much
a to break our covenant with God in the
Holy Sacrament Bot you, instead of making
that a tie and obligation to engage you to the
remembrance of our Saviour, make it a snare
and a gin to oblige your proselytes to the as-
sassinating kings, and murdering their subjects.
I am sorry with all my soul, that men who
have had their education here, and the benefit
of the good examples of others; should not
only be led into such mischievous principles
themselves, but to be of that confidence in their
persuasion, as to dare to debauch others also.
I am sorry also to bear a layman should with
so much malice declare, That a ballet, if round
nod smooth, was not safe enough for him to
execute bis villanies by ; but he must be sure,
sot onlj to set bis poisonous invention on work
U>U.— Trial <tf Ireland, Pickering, [Uo ;
about it, but ha must add thereto his poisonous ,
teeth ; for fear if the bullet was smooth, it ,
might light in some part where the wound might
be cured. But such is the lieigbt of some' !
mens malice, that they will put all the venom '
and malice they can into their actions. 1 ant
sure this was so horrid a design, that nothing
but a conclave of devils in hell, or a college of !
such Jesuits as yours on earth, could have '
thought opon.
This 1 remember to you-for the sake of tbem '
that are to live, and tor the charity I have for '
you who are to die : For the sake of them that '
are to live ; for I hope when they hear, that
men of your persuasion dare commit those '
outrageous crimes, and justify them by a prut- ' '
ciple of religion, they will not easily be seduced '
into your opinion : And out of charity to you
that are to die, to persuade you to hearty re-
pentance ; for otherwise, I must tell you, thy
1,600/. (speaking to Grove) i»»r thy 30,000
Masses (speaking to Pickering) will avail but
little. And I thought fit to say this also, that
it may be known that you have had the full
benefit of the laws established in England, and
those the best of laws ; for such is not the
law of other nations : For if any protestant in
any place where the Romish religion is profest,
had been but thought guilty of such crimes, lie
had never come to the formality and justice
of an arraignment, and to be tried by his peers,
permitted to make his defence, and hear what
could be said against him ; but be had been
hanged immediately, or perhaps suffered a
worse death. But you are not only beholden
to the happy constitution of our laws, but to
the more happy constitution of our religion.
For such are the admirable documents of
that religion we in England profess, that we
dare not requite massacre for massacre, blood
for blood. We disown and abhor all stabbing ;
and we are so far from reckoning that be shall
be a saint in Heaven for assassinating a prince,
and be prayed to in another world, that the
Protestant is required to believe, that such as
begin with murder, must end with damnation,
if our blessed Lord and Saviour do not ioter-
pose ; nothing that man can do, Papist or
Protestant, can save any man in such a case.
We dare not say that our religion will permit
us to murder dissenter»,mucb less to assassinate
our king.
And having thus said, let me onc« more as a
Christian, in the name of the great God of
Heaven, beg of you for your own tools sake,
be not satisfied or over-persuaded with any
doctrine that you have preached to others, oti
imbibed from others ; but believe, that no one
can contrive the death of the king, or the over-
throw of the government, but the great God o
Heaven and earth will have an account of it
And all pardons, absolutions, and the dispen
saoons that you who are priests can give to you
lay-brother,, or that any of your superiors ma
give to yoo, will not serve the turn.
I know not, but as I said, you may think
speak this to insult, I take the great God <
1413 STATS TRIALS, SO Chasles II. 1678.— <wuf Grove, far High Treason, [ldfl
Bcncfto witness that I speak it with charity
to year souks, and with great sorrow and grief
in my own heart, to see men that might have
made themselves happy, draw upon themselves
so great a rata. But since yon have been so
nurfy heard, so fairly tried and convicted, there
is hot little more to be said ; for f must tell you,
because it may not be thought that you had
not free liberty to make your full defence,
though that gentleman (speaking to Ireland)
seemed to be surprized, he had a kind sister,
that took care to bring hb witnesses ; I am so
far from blaming her for it, that I do com-
mend her, it was the effect of bergood nature,
and dest ims commendation ; but speak to this
parpose, to shew that there was no surprize
upon him, nor his Hie taken away by any
neb thing ; for be had a greater favour shewed
id him than is usually shewn to such of-
Aad having thus said to you myself, we do
also require him whose duty it is to attend in
such cases, nay, I do command him in the name
at* the court, that he attend upon you to give
yon all the comfortable assistance that he can
for the advantage of your future state : Aud
not only so, but we will certainly take care*
that if yon will have any others come to you
they shall. I would not be mistaken, I do
not mean any of your priests and Jesuits ; but
ifyoa will have the assistance of any Protestant
divines, they shall not be dented you. And I
tape God Almighty will please to give you par-
son in another world, though you have offended
beyond hopes of any in this. I once more
a*ore you, all I have said is in perfect charity.
1 pray God forgive yon for what you have done.
And so there remains now only for me to pro-
nounce that sentence which by the law of the
land the court is required to do against persons
convicted of that offence which you are con-
victed of.
This const doth therefore award, " That you,
the prisoners at tlie bar, be conveyed from
hence to the place from whence you came, and
from thence that yon be drawn to the place of
execution upon hurdles, that there you be se
verattj hanged by the neck, that you be cut
•own alive, that your privy members be cut
of, and jroer bowels taken out, and burnt in
fsar view, that your heads be severed from
year bodies, that your bodies be divided into
aasxtm, and those quarters be disposed of at
the king's pleasure: And the God of infinite
mercy be merciful to your souls."
Then the prisoners were conveyed back to
the Gaol by the keener of the Gaol, accord-
ing to custom ; and tne commission was called
aver, and the prisoners taken order for accord-
ing to law. And the court adjourned by pro-
clamation than :
CLvfCr. Crier, make proclamation.
Crier. O Yes, G Yes, O Yes ! All manner
af persons that have any thing more to do at
las general sessions of the peace holden for
the city of London, may depart hence for this
one, and give their attanjiance at the Guild-
hall, London, on Friday the 10th day of J a*
nuary next, at seven of the clock in the morn-
ing. And all manner of persons at this ses-
sions of Oyer and Terminer, and gaol-dettvercy
of Newgate, holden for the city of London and
county of Middlesex, may depart hence for
this time, and give their attendance here again
on Wednesday, the 15ih day of January, at
seven of the dock in the morning. God says
the king.
And then the court broke up.
On Friday the 94th of January following,
William Ireland and John Grove were drawn
from Newgate on a hurdle to Tyburn, where
they were executed according to their sentence.
Mr. Ireland made this following Speech i
<' We come hither, as on tbe list theatre of
the world, and do therefore conceive we are
obliged to speak. First then, we do confess,
that we pardon all and every one whatsoever,
that have any interest, concern, or hand in onr
death. Secondly, we do publicly.profess and ac-
knowledge, that we are here obliged, if we were
guilty ourselves of any treason, to declare it ;
and that, if we knew any person faulty therein
(although he were our father) we would detect
and discover him ; and as for ourselves, we
would beg a thousand and a thousand pardons,
both of God and man : But seeing we oannot
be believed, we must beg leave to commit our-
selves to the mercy of Almighty God^and nope to
find pardon of him through Christ. As for my
own part, having been twenty years in the Low
Countries, and * then .coming over in June
was twelvemonth, I had returned again, had
not I been hindered by a fit of sicknett*. On
the 3d of August last I took a journey into*
Staffordshire, and did not come back to town
before the 14th of September, as many can..
witness : for a hundred and more saw me in
Staffordshire ; therefore, bow I should in this
time be acting here treasonable stratagems, I
do not well know or understand.**
Here Mr. Sheriff advertised tbe prisoner, he
would do well to make better. use of his time,
than to spend it in such-like espressions, for
nobody would believe htm ; not that they
thought much of their time, for they would
stay ; but such) kind of words did arraign the
proceedings of the court, by which they were
tried. -
Wherefore Mr. Ireland coadnded, and said;
" I do here beg of God Almighty to shower
down a thousand and a thousand blessings upon
his majesty, on her sacred majesty, on the duke
of York, and all tbe royal family, and also on
tbe whole kingdom. As for those catholics that
are here, we desire their prayers for a happy
passage into a better world, and that he wonld
be merciful to all christian souls. And as for
all our enemies, we earaesrv desire that God
would pardon them again and again, for we
pardon them heartily, from die bottom of one:
hearts ; and so I beseech all goad people t*>
pray for us and with us."
143] STATE TRIALS, 30 Charles II. 1 076.— Trial # Lord Corntxtlli*, [144
Then Mr. Groves said ; , I
n We are innocent ; we lose our lives wrong-
it a matter of great weight, I shall » tberefote
consider of it, and return you an answer*"
Fully ; we pray to God to forgive them that are
the causers of it."
The execution of Thomas Pickering was respi-
ted for to long a time, that it occasioned an
Address of the Hou^e of Commons, April 37,
1679? " That his mnjesty would be pleased to
order the execution of one Pickering a pri-
soner in Newgate, and of divers priests and
Jesuits, who had hcen condemned by the
judges at the Old Bailey and in the several
circuits, but; did remain 119 yet unexecuted,
to the great emboldening of such offenders, in
case they should escape without due punish- 1
blent." To which the king returned this an-
swer.: u Gentlemen, I have always been ten-
der in matters of blood, which my subjects
have no reason to take exceptions at ; But this
May 35, the king sent a message to the
House, by Lord Russel, to let them know, tlrat
he would comply with their request concerning
Pickering, and that the law should pass upou
him.
lie was accordingly executed in pursuance
of his sentence. Arriving at the place of exe-
eution, he appeared to the spectators (after a
manner very unusual to persons in his condition)
with a countenance not only calm, aweer, and
serene, but even chearful, smiling, and pleased;
solemnly protesting upon his sal vntiott, he was
innocent in thought, -word, and- deed, of all
that was laid to his charge. Then heartily pray-
ing for his accusers and enemies, he said to
the hangman ' Friend, do thy office ;' and soon
after left the world.
S46. The- Trial of the Lord Corn wallis, before the Lords* at West*
minster, for the Murder of Robert Clerk: 30 Charles II.
a.d. I678.f
AFTER my 'Lord High Steward (lord Finch
, afterwards earl of Nottingham) was ascended
to the High Chair of State, and sat down there-
in) -the commission was delivered by the clerk
■ »— ■
* This was a Trial in the Court of the Lord
High Steward, as to which, and the distinction
between it and the High Court of Parliament,
or as Mr. Justice Foster stiles it, " The Court
.•of our Lord the King in Parliament," see the
Case of Lord Delamere, a.d. 1686, tn/r*;
and of Earl Ferrers, a.d. 1760, infra; and
Foster's Crown Law, 138. See also 4 Hat*-'
♦ell's Precedents, IDT. 877, and the Appendix,
No.*.
f This Case is thus reported in Jones's Rep.
54 : " The lord C. having been indicted for
the murder of Robert Clerk mentioned in the
nest preceding x The king for his trial con-
stituted Heiieuge lord Finch, then High Chan-
cellor of England, to be Lord High Steward,
Aec vict tMntwk. The trial was upon the 30th
day of June after Trinity Term, in the 28th
year of the king. The proceedings were such
as are described by lord Coke in his Book of
Pleas of the Crown, chap. Treason, of the Trial
of Peers; as to the Summons of the peers triers,
the Certiorari to the Lord Chief Justice for the
•indictment, and precept to ihe constable of the
Tower of London, and other formalities there
mentioned. The steward was attended from
iris house on the day of. the trial quite to West-
minster, by the judges in their coaches. Sir
fidward .Walker, tiien garter king at arms, go-
ing before him in his coat with the Serjeants at
•ems: when he was at the great door of the
hall he tarried till the judges were alighted out
-of their coaches, and then the chief justices
first, and the rest according to their seniority I
of the crown in the Chancery, on his knee*, to
my lord, who delivered it to sir Thomas Fan-
shew, clerk of the crown in the King's* Bench
office, and be received it kneeling. Then pro*
passed by him, and advanced into the court,
which was a large tribunal erected for this pur-
' pose (the whole structure extended almost from .
the SUirs leading to the courts of King's-bench
and Chancery to the court of Common Pleas,
but the court itself was not so large by much.)
The cloth of state was placed aloft in the mid- '
die of both sides of it, but a little behind were
built two small boxes ; on the right were the
king, the queen, the duke and duchess ; the
others were filled with persons of honour. The
peers triers were seated on both sides the chair
I of state, but at the distance of about five paces
from it, and a step lower on benches covered
with green cloth, with which the whole court
was likewise covered. At the peers feet. sat the
judges, some on one side and some on the other,
their seats being of the same height with the
floor of the court. In the middle was a piece
cut for the clerk of the orown of the KittgV
bench, and for his deputy, in the lower part.
The king's council, viz. his senior Serjeant, at-
torney and solicitor were placed. The pri-
soner was at the bar behind thetn, but raised
about six feet, and directly over against the
chair of state.
" After the court was thus disposed, Cher-
noke, serjeant at arms, made proclamation
three times, and command was made that all
persons, except the lords the triers, and other
peers of the realm, and the privy counsellor*
and the judges, should he uncovered. Then
the clerk of the crown read the indictment,
and arraigned the prisoner, who pleaded Not
4
144]
STATTE TUALS, IOCaAM.MiL mi—Jbr Murdtr.
[146
marie by the Serjeant at Anns,
who was Crier for the day.
Gadty, and pot himself upon bis peeia, who
were chirtv-six, the greatest part of them of
the most eobte, of the greatest estate, and the
wisest of the realm. Before any evidence was
given, the Lord Steward made an elegant
apeech to the triers, and exhorted the prisoner
n> beef good courage, and without rear, and
Iv sanvann all the faculties of his soul to his
aarijtnnrr Then the evidence was first opened
by the solicitor general, seconded by the attor-
ney, aud concluded by Serjeant Maynerd, the
ail the while behaving himself with
, modesty and prudence. After the
ras> concluded, the lords went to coit-
coasuk together, in the Court of
Wards, as I belie**, and during their absence
biscuit and wine were distributed in the court.
After two hoars or more, the lords retornejj,
and the Lord Treasurer, in the name of his
fellows, prayed the advice of the Lord Steward
wad the Judges on this point, Whether a per-
son's presence at and abetting of a man-
aaueater, committed by another, made him
guAr, as it was in the case of murder. To
staicn the Judge* speaking, ? iz. those of the
same aide for themselves, and not altogether,
all agreed that the law was the same in case
af avanslnughfer as of murder. Then the lords
went back, and in half an boar returned to
give their verdict. And being seated in their
places the Lord Steward spoke first to the
Tainrrat h>rd in -this manner, My lord A. is my
lord C. Guilty or not? and so to every one,
■■mining from the voungest to the first, and
aaah answrird in hk order, Guilty or Not
•3e3ty open my honour. And six of them pro-
neawced him Guilty of Manslaughter, and the
fast Hot Guilty. This being recorded, the
loin toward broke the white rod (which was
held befure him daring the whole trial) over
via head, and then the court broke up.
M B. G. having been indicted for the same
saarder of Robert Clerk, with the said lord
C. surrendered himself in Michaelmas Term,
•B C. 8. and being brought to the KingV
bench bar the same term, and arraigned, plead-
ed the king's pardon, which was read, he being
oa has knees. Then Twisden, justice, observ-
ed, that the pardon did not recite the mdict-
aad that he remembered it had been
I, whether a pardon after indict-
it mentioning it, should be allowed,
thought the pardon in this case was well
_ t, lor it had these words, ' sive9 (the pri-
r) * fait uufactat' sive non.' Note this par-
don wee per verba of ' feionicnm interfectionem
• eaaaxaaq/ with a * Non obstante the statute
' of R. 8/ &e. and was allowed by all the
court, and the prisoner, after grave advice
tiven him by the Lord Chief Justice and Twis-
sen, discharged, and afterwards according to
Be cBSfom he presented gloves to all the
yql. m.
Serjeant. Oyes, O yes, O yes! My Lord
High Steward of England strictly chargeth and
oomtaandeth alt manner of persons here pre-
sent, upon pain of imprisonment, to keep
silence, and give ear to his majesty's commis-
sion. To my Lord High Steward of England,
to bis grace directed.
The clerk of the crown, with his face to my
Lord High Steward, reads it thus:
Clerk of the Crown. Charles Rei Carotos
Secundum, &c.
All which time my lord and the peers stood,
op bare.
Serjeant. God save the king.
CI. Cr. Make proclamation.
Serjeant. O yes! The king, at arms, and the
usher of the black rod, on their knees, deliver
the white staff to my lord, who re-delivered it
to the usher of the black rod, who held it up
all the time before him.
CI. Cr. Make proclamation.
Serjeant. O yes! My Lord High Steward of
England strictly chargeth and commanded! all
justices and commissioners, and all and every
person and persons to whom any writ or pre*
cept hath been directed for the certifying of
any indictment, or of any other record before
my Lord High Steward of England, to certify
and bring the same immediately, according to
the tenor of the said writs and precepts onto
them, or any of them directed, on pain and
peril as shall rail thereon.
The lord chief justice of the KiogVBeoch
returned his Certiorari, and the record of the
Indictment by the grand jury of Middlesex,
which was read by toe clerk of the crown in
hoc verba.
CI. Cr. Virtote, &c.
L. H. Stew. Call the constable of the Tower
to return his precept and bring forth his
prisoner.
CI. Or. Make proclamation.
Serjeant. Oyes! Constable of the Tower o£
Loudon, return the precept to thee directed,
and bring forth the prisoner Charles lord Corn-
waliis, on pain and peril as will fell thereon.
The lord lieutenant of the Tower brought in
the prisoner, on his left-hand, with the ax be-
fore him, borne by the deputy-lieutenant, which
he held with the edge from him, and returned
his precept in hoc verba.
til. Cr. Virtote, ore.
L. H. Stew. Call the Serjeant at Arms to
return his precept.
CI. Cr. Make proclamation.
Serjeant. O yes! Roger Harfnet, esq. Ser-
jeant at Arms to oar sovereign lord the king,
return the precept to thee directed, with the
names of all the lords and noblemen of thia
realm, peers of Charles lord Cornwall**, by
thee summoned, to be here this day, on pain
and peril as will fall thereon.
He delivered his precept returned with a
schedule annexed thus:
Ci. Cr. Virtute,&c. Make proclamation.
Serjeant. O yes ! All marquisses, earls, vis-
counts, and barons of this realm of England,
147] STATE TRIALS, 50 Craklis II. 1678.— Trial qf Lord Cornwallis, [148
peers of Charles lord Cornwallis, which by
commandment of tbe Lord High Steward of
England are summoned to appear this day,
and to be present in Court, answer to your
names, as you are called, every one upon pain
and peril as will fall thereon.
Then the Pannel was called over; tbe num-
ber of peers summoned were 35, in order as
followeth :
Thomas Earl of Danby, Lord High Trea-
surer of England, &c.
All that appeared, answered to the call,
standing up hare.
Then my Lord High Steward made a speech
to the prisoner at tbe bar thus :
Lord High Steward. " My lord Cornwall is,
The violation of the king's peace, in tbe chief
sanctuary of it, his own royal palace,* and in
so high a manner as by the deatb of one of bis
subjects, is a matter that must be accounted
for. And that it may be so, it hath pleased
the king to command this high and honourable
court to assemble, in order to a strict and im-
partial enquiry.
" The wisdom of the law bath therefore
styled it tbe king's peace, because it is his au-
thority that commands it, it is his justice that
secures it, it is he on whom men do rely for tbe
safety of their liberties and their lives; in him
tfaey trust that a severe account shall be taken
of all the violences and injuries that are offered
to them, apd they that trust in the king can
never be deceived.
*f It is your lordship's great anbappiness at
this time to stand prisoner at the bar, under
the weight of no less a charge than an Indict-
ment of murder; and it is not to be wondered
at, if so great a misfortune as this be attended
with some kind of confusion of face ; when a
nan sees himself become a spectacle of misery
in so great a presence, and before so noble and
so illustrious an assembly. But be not yet
dismayed, my lord, for all this ; let not the fears
and terrors of justice so amaie and surprize
yout as to betray those succours that your rea-
son would afford you, or to disarm you of those
helps which good discretion may administer,
and which are now extremely necessary.
" It is indeed a dreadful thing to fall into the
hands of justice, where the law is the rule, and
a severe and inflexible measure both of life and
death. But yet it ought to be some comfort to
your lordshipy that you are now to be tried by
my lords your peers; and that now you see the
scales of justice are held by such noble hands,
you may be confident they will put into them
all the grains of allowance, either justice or
honour will bear.
u Hearken therefore to your indictment with
quietness aod attention ; observe what the wit-
* As to striking in the palace, &c. See the
Cases of sir Edmund Knevet, ante, vol. 1, p
443, of the earl of Devonshire, a. ». 1687 ;
and of lord Thanet and Mr. Ferguson, a. d,
1797, pott. See also East's Pleas of the Crown,
•C. V| sect. •>•
oesses say against you without interruption,
and reserve what you have to say for yourself,'
till it shall come to your turn to make your de-
fence, of which I shall be sure to give yon no-
tice; and when the time comes, assure your-
self you shall be heard, not only with patience,
but witb candour too.
" And then what judgment soever raj lords
will give vou, yourself will (and alf the world)
be forced to acknowledge the justice and
equity of their judgment, and the righteousness
of all their lordships proceedings/'
Read the Indictment.
CI. Cr. Charles Lord Cornwallis, Thou
standest indicted in the County of Middlesex >
by the name of, &c. How sayest thou, Charles
lord Cornwallis, Art thou guilty of this felony
and murder whereof thou standest indicted, or
Not guilty?
Lord Corn. Not guilty.
CI. Cr. How wile thou be tried ?
Ld. Corn. By God and my peers.
Then my Lord High Steward addressed him-
self to the Lords thus :
L. H. Stew. " My Lords, Your lordships
have here a member before you of your noble
body, exposed to the shame of a public arraign-
ment, and (which to a man of honour is much
less) to the hazard both of his life and estate.
All that he hath, and ever hopes to have, bis>
wealth, his fame, his posterity : all that is va-
luable to him in this world, entirely depends
on your lordships judicature, who are now
his peers, and on whom he doth freely pot
himself.
" My Lords, the privilege of this kind of
trial and judicature, is a part of tbe true great-
ness of the English nobility: It is an eminent
and an illustrious privilege. It is a solid poisst
of honour and dignity. It is a privilege that
no neighbour nation ever had, and a privi-
lege this nation never was without.
" It is not a privilege created by the great
Charter, hut confessed and acknowledged bv
it. They look but a little way that find this
in the steps of the Norman conquest ; for it isj
to be found even in the footsteps of the Savon
Monarchy, when Godwin earl of Kent waa
tried by earls and barons. And it is no improbav-
ble conjecture of theirs, who do think tbe wis-
dom of this Constitution was taken from that
law amongst the Romans, whereby it was
made unlawful for any mats to sit upoo a so
nator, that was not himself of tbe same order ;
a privilege, that (as learned civilians tell utf
continued with them during the reign of main
of the Roman emperors. But, my Lords, a<
this is a privilege as ancient as Monarchy, sk
we have found by many old experiences, thai
it cannot be taken away without the dissolu-
tion of -that government: Therefore this is oni
of those many ties by which the interest o
nobility, as well as their duty, have obliged then
to the service of tbe kine.
" In the exercise of this privilege at thi
time; I know your lordships will weigh tlv
U»]
3TATg TA1AJJ5, soChamasIL Wit.— ft* Murder.
[1*0
fact with ail the arcanutances, whereby it ii
to receive its true and its proper doom. " Your
lordships are too just lo let pity make an abate-
ipent tor the crime, and too wise to let rheto-
ric make any improvement of it: This only
will be necessary to be observed by all your
lordships, that the fouler the crime is, the clearer
tod the plainer ought the proof of it to be. There
is no other good reason can be given,* why
the law refoseth to allow the prisoner at the
bar counsel in matter of met, when his life is
concerned, but only this, because the evidence
by which he is condemned ought to be so very
evident and so plain, that all the counsel in the
world should not be able to answer upon it :
Upon this ground it is, that the law hath trusted
your lordships with the trial of your fellow
peers; no trust can be more nobly lodged, nor
bo judicature had ever more true submission
ande to it : therefore it would be in me some
want of respect to this august and noble as-
sembly, should I go about to put your lord-
ships in miud of your duty : no doubt yon will
observe the eridencw -carefully, weiph it dili-
Sitly, and when that is done, it is impossible
t the judgment you will give must be right
and honourable and worthy of so wise and
so great a body. Therefore I will not de-
tain your lordships any longer from hearing
the evidence that is ready to be offered unto
CLefCr. Make Proclamation.
Say. O yes 1 If any will give evidence for
oar sovereign lord the king, against Charles
lord Cornwallis, prisoner at the bar, let him
come forth and he shall be heard ; for the pri-
soner stands at the bar upon his deliverance.
The Indictment was again read to the peers.
Serjeant Maynard. May it please your
grace, my Lord High Steward of England, and
this peat and noble assembly ; the prisoner at
the bar, Charles lord Comwallis, standeth in*
dieted of a great crime, that he, together with
Charles Garrard and Edward Bourne, not hav-
ing in his heart the fear of God, but instigated
by the suggestions of the Devil, the 18th of
May last, did feloniously and of his malice fore-
thought, assault one Robert Clerk in White-
hall, and that Mr. Gerrard took him up in his
arms, flung him down, and broke his neck, of
which he instantly died. To this he hath
pleaded Not Guilty. It lies upon us who are
counsel for the king, in this case to prosecute
it, and prove it to you.
Mr. Attorney General, (sir William Jones),
Msy it please your grace, my Lord High Stew-
ard of England, and my Lords summoned for
the trial of the prisoner at the bar : This noble
lord stands indicted for murder; an offence,
my lord, which is the first and greatest that is
aWbsBoeu by the second table, and an offence
of that nature, that the law of God hath by a
most peremptory sentence condemned and de-
* See 3 Inst. 137, 4 Blackstone's Coram.
3tf, 350. See too Don Pantaloon Sa's Case,
sale, vol. £, p. 466, and the Note.
creed, that whoso sheddeth man's blood by
man shall his blood be shed. Whether this
noble lord 'be guilty of it, remains upon your
lordships to try, and I shall very shortly state
the matter of fact, which we shall prove, and
then let the evidence be offered to you. We
do not pretend, my Lords, neither doth the
Indictment lay it, that this great offence was
committed by the band of my lord Com-
wallis.
For I know your lordships have observed the
Indictment, by which it is alledged, that the
hand of Mr. Gerrard did the fact: but, my
Lords, if. we shall make it out that my lord
Comwallis did coucor to this act, and had in
himself at that time an intent to be a murderer,
then it will be declared by his grace, my Lord
High Steward, and my Lords the judges, that
though his hand did it not, yet he is equally
guilty as if it had.
Now, to make out the charge against him!
our evidence will be shortly thus ;
On the 18th of May last, early in tlie morn*
ing, between the hours of one and two, came
down two gentlemen with three footmen bo-
hind them, out of the gallery at Whitehall, by
the stairs that lead down to the park : I can
them two gentlemen, because it was not then
discovered who they were, or of what quality ;
but your lordships will perceive,' by the course
of the evidence, they were my Lord Corn wains
and Mr. Gerrard, coming down at that unsea- ~
sonable hour. The first question they asked
the centinel (who watched at the foot of the
stairs), was the hour of the night; and from him
bad account that it was so much.
The prisoner and Mr. Gerrard were some*
what distempered with drink,* and made him
a reply that be lyed, with great oaths accom-
panying it. At that time they did no more
but go by him into the park, where after
they had continued by the space of an hour,
back they returned to the stairs, and the cen-
tinel demanding, according to bis duty, who
came there ? they answered him in very ob-
scene and uncivil language, and threatened tbey
would kill the centinel, who only did his duty in
enquiring who came by him at that time of night.
And we shall make it appear, they wens
in a kind of contention among themselves who
should kill him ; for as I am informed, (I know
if it be not proved, your lordships will observe
it) one desired, Pray let me kill him; and the
other desired, Pray let me kill him; and threat-
ened no less than to ran him through.
My Lords, the centinel being of good reso-
lution, was not affrighted from bis place, but
kept them off; and when they saw they could
not win upon the centinel that way, one of ibem
delivered away his sword, which be held in his
* As for a drunkard, who isvoluntarius demon"
[or dement] " he hath, as bath been said, no
privilege thereby ; but what hurt or ill soever
be doth, hisdruukenness doth aggravate it." Co.
Iittl. 347, &c. See too, Purchase's Case, a. »•
17 10, infra.
Wl ) STATE TRIALS, $0 Champs II. 107S.— Trial e/ Lord, Cornwall*, [I&3
hand not drawn, and- then was pleased to tome
to the centinel, and desired to kite him, and
swore he would do that : hat that the cenCind
did equally refuse ; and then the? did use the
same threatnings again and seemed to be in a
contention who should run him through. My
Lords, after some time, being now come to the
top of the stairs, and there staying, it happened
there came to the stair-foot two youths, and
these young men were, it seems, going to bed in
their lodging, which was very near, and did
make it their request to the centinel (one of
them did) to call him up very early the next
morning, because he was to go of a message out
of the town. My Lord Cornwaliis and Mr.
Oerrard remaining on the top of the stair-case,
being (as we said) in disorder (which is the
strength of the king's evideuce, if proved)
both of them said, before they went thence
they would kill some or other, which evidence
will go a great way to shew the concern that
noble Lord the prisoner at the bar, bad in the
business.
It happened as these boys were making their
request to the ceutiuel, my Lord and Mr. Oer-
rard took notice of it, and seemed to be con*
earned that they should command the king's
soldiers, and bid the centinel shoot him, who
told them he conceived the boy had done him
no wrong in asking a civil kindness from him ;
they again called to shoot him, and they would
bear him out; which be still refased to do, find-
ing no reason for it : then one of the two took
occasion to swear a great oath, ' he would kick
his Arse to Hell ;c to which the boy that a&ked
the centinel made some reply ; wherein the
word * Arse' was repeated : (Now whether thev
understood it as an interrogation, * why kick
my Arse to Hell ?' as he intended it; or in a
worse sense, ' kiss my Arse') one of the gentle-
men in a rage came running down the stairs,
and that boy that in troth spoke the word ran
away*, and the other poor ionooent boy, trusting
m his own innocency, remained there until the
person came to him, and did on his knees (in a
manner) desire not to be mistaken, he was not
4lie person that used any ill words, and cryed
out, O my Lord, it was not I ; indeed, my Lord
irwas hot I \ but such at that time, was the
intemperance and wrath of the person, who m
each a fury descended the stain, that (whether
with the blow or with the mil) the boy received
his death. We find by' our information of the
evidence, that he who dM tine thing "as « truth
Mr. Ovrrard* "ho is not yet ta>«> > but whe-
ther my torJ, *be prisoner at the °«> <*«* apt
concur in it, and had not an intents *> kill
somebody, is the question left for your j8»c«
and these noble peers to decide. This if *ne
nature of the fact; only I desire to observry
that it is true here was 'some distance between
the place where my Lord Cornwaliis stood, and
the place where the boy was killed. Of what
consequence that may be, I leave to your
grace's and these noble lords consideration : It
was the distance of the stairs ; but I think, as
every one kuows, they are not to many, but
1
what is done below may be easily seen at
top.
We shall now, without detaining year loreV
ships any longer, calk the witnesses, and prows)
what bath been opened.
The Soldier proved the met, as it was open-*
ed by Mr. Attorney General, except that part
about both swearing they would kill one or
other, which passage was heard bat by one of
them, and spoken hut by one of the gentlemen.
They could not swear who were the persons,
because of the darkness of the time.
The Boy who was the companion of him that
was slain, and that used the words that causae?
the person to come down, swore them to be st
repetition only by way of interrogation, * why
kick my Arse to Hell r?
Then Mr. Attorney desired to call ray Lore!
Cornwaliis'* own two footmen, who had been?
indicted and acquitted at the kingVbcnch-bar.
L. H. Stewurd. My Lords the judges, is tiiere
any question, whether a person acquitted of an
oftence be a good witness against another
charged with the same ofieooe ? '
Judges. None at all ? when he it acquitted
he ought to be admitted.
Then the copy of the acquittal (proved by si
clerk in the crown-office) was read, and thess
were sworn ; who fixed it apon the person of
Mr. Oerrard, and swore that my lord Com*.
wallis was all the while upon the top of the)
stairs, but after the fact committed hasted
away for fear of being knocked down by the)
soldiers : ami there ended the king's evidence.
X. H. Slew. Now, my lord, is the tamer
come for your defence. You hear what is)
charged on you. Pray speak what yon have to
say tor yourself.
Then the Prisoner at the bar confessed brm>
self to have been in the company that night,
when this accident happened, which he hoped
would be a warning to him to shun seen dis-
orders hereafter ; but thst he had no evil in-
tention, and but one witness swore that both of.
them would have killed the centinel ; that he
was not conscious to himself, to have had %
hand in, and therefore withdrew not himself it,
but yielded himself to the coroner the nest
day, (which he proved by the coroner himself)
and did therefore, in trust of his iuooceney,
submit himself to the judgment ef his grace end
his peers. — Which being done,
Sir Francit Winmngton, the king's Solicitor
General, summed* up the evidence in -this
manner:
May it please your grace, my Lord High)
Steward of England, and my noble lords tftsa
peers of the prisoner at the bar : According to
the duty of my place I am to repeat the king's
evidence, and state it to yoor grace and tbeao
noble lords, and submit it to your great judg-
ments, how for it will go for the proof of toss
crime ; wherein I shaH observe the duty of aU
honest men, which is to do nothing either to
wrest any thing in ^disadvantage of the prisoner
oat of the kind's evidence, to go fofther than, it
US]
STATE TMALS, SOChaiUsD, 147&.^tf*ftV»v
o«get»aor shall sunk-nay thing that stall re-
quire your grace and the noble lords' justice;
mr we come to seek out the troth, and we ques-
tion art but by this honourable trial it will ha
brought to tight. Bat I beseech your favour to
take aotice, in the first place, what crime this
aehle lord stands accused of^ and it is Jar mur-
der; wherein oar law takes notice, that murder
is where a man unlawfully kills another under
ttekiiigVpeace^ with malice forethought Now
that hare is a marder committed, I dare with all
asoaJky aver. By whom ? that is the question :
For this Robert Clerk, the person killed, doth
appear, by the course of the evidence, to have
hasa doing bis duty, attending the plaoe his
esq do jaunt required; gave no offence to any
whatsoever; bat when the parson came down
sad fell upon bam, the poor youth cried, ' In-
4 deed, my lord, it was not 1;' yet, my lords,
the hands of violence seized him, and killed him.
Let as then see bow the evidence brings it home
is the nobta lord, the prisoner at the bar ;
wherein I most confess we have no express evi-
dence (nay* we have evidence to the contrary)
that it was not his hand that did the fact ac-
taeuy; for it is by two witnesses* the footmen,
sworn that it was Mr. Gerrard who came down
and gave the unfortunate blow • but we have
that which, we think, with humble submission,
any reach this noble lord : Far I know your
mast and my lords remember, that after they
had been an boor in the park; both returning,
did with horrid oaths swear they would kill the
omtmel ; there the evidence fixeth it, not upon
snewaty, bat upon both : it was at that time
so dark they coald wot be distinguished, but by
the voice : The centinel hath given yon an ao
coast how be performed his duty, and in what
strait he was, he had much ado to save his own
km, or to prevent kitting them : But when they
came upon the stairs, these two boys came
there in order to desire the centinel to call one
of then the next moraine. Then one on the
stairs (no man can tell who k was) with horrid
execrations, asked, Will you command die king's
ssUiers? Shoot bmi, centinel, we will bear von
eat. Bnt all this while it was dusk, no distinc-
tion of persons could be made ; whereupon it
nil fall oot to come to this case, If several per-
sons intend to kill one, and happen to kill ano-
ther, whether this be not murder in them ? For
the urging of this, as to the matter in law, I
leave to him that comes after me. The centi-
nel swears one of them did swear be would kill
one or other ; who it was took up that cruel
resvmtion, is left to you to judge : but at that
time they were both together upon the top of
the stairs ; and my lord doth not seem to give
one tittle of evidence, that shews any endear-
wjers of the prisoner at the bar to prevent the
other, or disprove of bis actions: If he had
given an account of that, be had silenced jus-
nee ; bnt when they were all together; he oot
eadenvoorine to stop bis hand, it is as much in
for as if he had struck the stroke.
The other soldiers give you a particular ac-
asnnt to the same purpose.
[1M
Thotwe last witnesses do bring it to At per*
son of my lord, lbs prisoner at the bar, and Mr.
Garrard, who, they swore, came down the,
stairs, and his man followed him la the bottom^
and there staid at some distance till the fact
was dona, and they all fled.
This I take to be the matter of fact fajth-
mlly proved before your grace, and the Lords'
the peers ; and I would not trouble your grace
longer, because I would not misreport any
thing, whereby I might do wrong, either to the
prisoner or the kiogfs cause; and because I
know your grace and the noble lords will dist-
tioguish and hod out where the truth is. 1
most say, it is a great comfort to all the sab*
jects of Eogland, that crimes of this nature are
so carefully presented, that whatsoever ho*
oours and dignities our gracious sovereign doth
confer on any person, it doth not exempt him
from the justice of the law : it is not only a
comfort to this assembly, but to the whole
nation, to see the king tender of his subjects
persons and lives, in that he hath caused tins
strict course to be taken, where the enquiry
hath gone from the grand jury of the county,
until the bill came to this 'great tribunal;
where I doubt not but your grace, and these
noble lords, will give a righteous and just
judgment.
Serjeant Maynard. May it please your grace,
my Lord High Steward of England, • and my
noble lords the Peers :
I, according to the duty of my place, come
now to conclude the charge on the king's he-
half. Some things are fit to be observed upon
the evidence, that may produce a question fur
the decision of the fact, of what nature it is.
That a murder is committed, is upon evidence
without all question ; and not only the death of
a man, here is a child slain without any provo-
cation in the world given by him to that per-
son that did it ; and that did it too, notwith-
standing the deprecations of the boy, affirming
his own innoeency, and that with as full cir-
cumstances as a Christian almost could a thing :
these come from the king's palace-walk in the
park ; call the centinel rogue, and when he
doth his duty, swear to murder him ; with
oaths that a Christian would blush at, and be
afraid to hear : God damme oftentimes reite-
rated ; and he that saith that word, doth beg
of God to hate him, and affirm that ha doth
hate God.' The obscenity that they used I
shall not mention again. These are the cir-
cumstances of the case ; that all were guilty
of much, is no doubt ; but who of the mur-
der, is the question. And I humbly conceive,
it is manifest, that this noble lord was. con-
cerned in it. For it is not requisite to make a
murder, that he who kills a man hath conceived
a malice against him ; for if I have a malice
against any man, and the enact of that fall
upon another, it is murder.
I apply it thus : if it be a murder in Mr.
Gerrard, if this noble lord partake with him in
the design which made it so ; to wit, the
malice against the centinel t he is as guilty, as
IMJ ST ATE TRIALS, 30 Charles II. ) (PS. —Trial qf Lord CornwaUis, (150
if hit bind lad been as much* upon him as
.wv Mr. Gerrard't ; as in that known case of
the man that poisoned an appje with an in*
tent to kill his wife, and she not knowing of
the poison, gave some of it to her child, of
which it died ; though he had no design to kill
the child, yet the malice he conceived against
his wife supplied the defect of an express
malice to make it murder ; and he was hanged
therefore. So if « man assault a master, in the
presence of bis servant, who defends bis master,
and is slain, though the other had no purpose
to kill him, yet it is felony in hiin, for which, he
shall die; the law implying a malice. Then
here was clearly a malice to the centinel ; how
sear it comes to the boy will come in question
afterwards. I find the objection made in, my
lord's case, that at the particular time where
.the fact was committed, my lord was not with
Mr. Oerrard : but that will be no objection in
<the case ; for if he did partake in the design of
the other, I will answer it with the case of my
lord Dacresf of the South, who, with some
others, went unlawfully to steal deer, and the
keeper coming, some fled, among whom my
lord was one : the keeper was killed, my lord
Dacres being at that time without the pales, a
mile off from the place, and yet wns found
guilty of the murder, and lost both his lands
and life for it. But here, my lord Cornwallis
•was presentyfor the witness swears the distance
was not so great but it might be discerned.
Now whether he was aiding or assisting, is the
next tiling in question. What occasion had
they of malice, revenge, or injury to the cen-
tinel? They both swore they would kill him:
had there been any excuse for the other, if one
of them had killed the centinel ? That could
not be. Well, they did not kill the centinel,
but at the same time take up a causeless offence
. against another, and kill him. I argue, that
the malice against die soldier was diffusive to
the boy ; and one of the witnesses proves, that
one of them swore he would kill somebody :
now, no one speaks to any thing of my lord's
reproving Mr. Gerrard. Thus stands the case
before your grace and my lords : it is a case of
blood, and it cries loud :'bow far this noble
lord and prisoner at the bar is guilty thereof,
you are to enquire, and without all doubt will
give a clear verdict, according to justice and
honour.
L. H. Staoard. My lords, you have heard
the evidence; if your lordships please to go
and consider of it, you may.
Then the prisoner withdrew into his own
apartment, with the lieutenant of the Tower.
The lords went into a room behind the court
of Chancery, and after a stay of two hours re-
turned ; and being all sat, the earl of Danby,
Lard High Treasurer of England, who was the
first of the jury, addressed himself to my Lord
High Steward, and said :
Earl of Danby. My Lord High Steward,
* Sanders's Case in Plowden, fol. 473.
f Anno 33 H. 8, Coke, 3 Inst. fol. 211.
there is a question in law, of which some of
my lords desire to receive satisfaction before
they can give in their full verdict ; and we de-
sire to know of your grace, whether it be pro-
per here 'to ask, the question of your grace, or
to propose it to the judges.
L. a. St etc. If your lordships doubt of any
thiug, whereon a question in law ariseth, the
latter opinion, and the better for the prisoner
is, that it must be stated in the presence of the
prisoner, that he may know whether the ques-
tion be truly put.* It hath sometimes been
practised otherwise ; and the peers have sent
for the judges, and have asked their opinion in
private, and have come back, and given their
verdict, according to that opinion ; and there
is scarce a precedent of its being otherwise
done, but there is a latter authority in print,
that doth settle the point so as I tell you; and
I do conceive it ought to be followed ; and it
being safer for the prisoner, my humble opinion
to your lordship is, that ho ought to be present
at the stating* of the question.
Call the prisoner to the bar. Who being
come, my lord spake thus to him :
L, H. Stew. My lord Cornwallis, My lords
the peers, since they have withdrawn, have
conceived a doubt, in some matter of law-
arising upon the matter of fact in your case ;
and they have that tender regard of a prisoner
at the bar, that they will not suffer a case to be
put up in his absence, lest it should chance to
prejudice him, by being wrong stated ; there-
fore, your lordship will do well to attend the
question that is raised ; and, my lords, will you
please to propound your doubts?
Earl of Danby. It was taken notice of here,
that by opening the matter by Mr. Solicitor,
* 3 Coke's Inst. fol. 429. Pasch. 26 Hen. 3,
Lard Dacres't Case.
f It must certainly be in the presence of
the prisoner, if you ask the judges' opinion.
By lord Somers, Lord High Steward, in lord
Warwick's Case, a. d. 1699, infra. So also in
lord Stafford's Case, a. d. 1680, infra. Lord
Finch (the Lord High Steward) says, " My
Lords have directed that all the judges that
assist them, and are here in your lordships,*
presence and hearing, thould deliver their opi-
nions/'&c. So in Sacheverel's Case, a. d. 17 lO,
infra, the Lords resolve, on debate, that %
question should be put to the judges in the
court below, where accordingly it was put aud
answered. But in Hastings's Case, a.d. 1787,
infra, the questions were proposed to the
judges and answered by them, not in West-
minster-hall in the presence of the parties, but
in the House of Lords, with the doors shut.
Upon this subject, see the Report of a Com-
mittee of the House of Commons, April 30th,
1794, under the heads " Mode of putting the
Questions," and " Publicity of the Judges*
Opinions." See also the Protest of June 89,
1789. Io lord Delamere's Case, a. d. 1686.
infra, the judges were interrogated ana
made answer in open court*
B71
STATE TRIALS, 30 Charles II. )Mi.—Jbr Murder.
[US
ibe matter of murder was explained to be
meant by baring a prepensed malic*, and in
that case it was opened to as, that any persons
then present, ana that had in any sort con-
tributed to the disorders, they were as eoually
goilty, as they whose hand had shed the blood
if the person killed.
Now the doubt of some of my lords is, whe-
ther if it be found but man-slaughter, those are
equally gniltj (that are present, and have
proved to contribute to the disturbance) of
that crime, as tbey are in murder; because
some of them bare not the satisfaction that
they are the sarne.
L. H. Steward. My lords the judges, I take
it, the doubt proposed to you, is this; Whether
or na, those that are present, and have conci-
liated to the disorders, whereby such an acci-
dent doth ensue, as proves to be manslaughter,
be as culpable, as be that doth the immediate
&ct, as it is in the case of murder?
After a little pause and conference, the
Judges returned this answer :
Jmdget. We have bad conference of this case,
and ear humble opinion is, If sundry persons
be together, aiding and assisting to an action,
wherein a manslaughter doth ensue, as in case
of a sadden business without malice prepensed,
they are equally guilty of the manslaughter, as
they are in the case of murder prepensed.*
Earl of Danby. The Lords desire to with-
draw once more. Which they did, and after a
short space returned ; and being called over,
answered to their names ; and all appearing,
my Lord High Steward took their verdict
tcrwtaiy beginning at the puisne lord in the
following order, they answering, standing bare,
with their bands on their breasts.
L. H. Steward. My lord Durat, Is Charles
lord Cornwallis guilty of the felony and murder
whereof he stands indicted, or not guilty ?
Lord Dvras. Not guilty.
The same question he demanded of each ;
who answered thus :
Lord Butler, Not guilty.
, Not guilty.
Mayoard, Not guilty of murder, but guilty
of manslaughter.
Paget, Not guilty.
BerkJy, Not guilty of murder, but guilty of
manslaughter.
* See East's Pleas of the Crown, c, 5, 9. 4,
s. 118.
Newport, Not guilty.
Halli&x, Not guilty.
Viscouot Cambden, Not guilty. ,
Guilford, Not guilty.
Ailsbury, Not guilty of murder! but guilty
of manslaughter.
Craven, Not guilty.
Bath, Not guilty.
Clarendon, Not guilty..
Sunderland, Not guilty.
Peterborough, Not guilty.
Devonshire, Not guilty.
Northampton, Not guilty*
Bridgwater, Not guilty.
Dorset, Not guilty.
Suffolk, Not guilty.
Bedford, Not guilty.
Derby, Not guilty.
Kent, Not guilty.
Oxford, Not guilty.
Arlington, Not guilty.
Brereton, Not guilty;
Lindsey, Not guilty of murder, hut of man;
slaughter.
Dorchester, Not guilty.
Anglesey, Not gudty of murder, but of man-
slaughter.
Danby, Not guilty of murder, but of man*
slaughter.
lord High Steward. Call the prisoner to the
bar.
Then the prisoner came to the bar, and the
deputy lieutenant of the Tower held the edge
of the ax towards him, while my Lord High
Steward spake thus unto him ;
X. H. Steward. My Lord Cornwallis, you
have been indicted for murder, pleaded Not
Guilty, put yourself upon your peers; and
your peers upon consideration of the whoJe
matter have acquitted you, and found you Not
Guilty, so* you are to be discharged.
Cl.Cr. Make proclamation,
Serjeant. O Yes ! My Lord High Steward
of England willeth and commandeth all persons
to depart hence, in God's peace, and the king's,
for my lord high steward of England his grace
doth dissolve this commission. God save the
King.
At which words my Lord High Steward hold-
ing the white staff (which was delivered him by
the usher of the black rod on his knees) in both
hands over his head, snapt it * in two, and the
assembly {>roke un.
120] STATE THLIXS> Si Ghaiuu H> lW*<~Trialqf Green, faty, and HUl, £100
947. The Trial of Robert Green, Henry Berry, and Lawrence
Hill,* at the KingVBeach, for the Murder of Sir Edmuud-
bury Godfrey : 31 Charles II. a. d. 1679.
» ■ • <
lice aforethought, were present, aiding, abet-
ting, comforting and maintaining the aforesaid
Robert Oreeo, cbe aforesaid sir EdoMindoary
Godfrey in manner and form aforesaid, felo-
niously, voluntarily, and of Ins maJice afore-
thought, to kill and murder ; and so you the
said Robert Green, Henry Berry, and Law-
rence Hill, together with the said ■ Gi-
ON Wednesday the 5th of February, 1679,
Robert Green, Henry Berry, and Lawrence
Hill, were brought from his majesty's gaol of
Newgate, to the bar of the court of Sing's-
bencb, to be arraigned for the murder of sir
Edmundbury Godfrey, upon an Indictment
found by the grand jury for the county of Mid-
dlesex, on Monday the morrow of the Purifica-
tion of the Blessed Virgin Mary ; and the
court proceeded thus :
Mr. Justice Wild arraigned the prisoners.
. Clerk of the Crown. Robert Green, hold up
thy hand ; Henry Berry, hold up thy hand ;
Lawrence Hill, hold up thy hand. Which
they severally did.
You stand indicted by the names of Robert
Green, late of the parish of St. Mary le Strand,
in the county of Middlesex, labourer; Henry
Berry, late of the same parish and county, la-
hoarer ; and Lawrence Hill, late of the same
pariah and county, labourer; for that you three,
together with ■ Gkald, late of the same
parish and county, clerk; Dominick Kelly,
late of the same parish and county, clerk ; and
Phillibert Vernatt, late of the same parish and
county, labourer, who are withdrawn : not
having the fear df God before your eyes, but
feeing moved and seduced by the instigation of
the devil, the IStfe day of October, in the
thirtieth year of the reign of our sovereign
lord Charles the tecond, by the grace of God,
of England, Scotland, France and Ireland,
kio& defender of the faith, &c. at the parish of
St. Mary le Strand aforesaid, in and upon ut
JEdmundburv Godfrey, knight, in the peace of
Gqd, and of our said sovereign lord the king,
'then and there being, feloniously, voluntarily
and of your malice aforethought, did make ao
assault; and that thou the aforesaid Robert
Green, a certain linen handkerchief of the
value of six-pence, about the neck of the said
air E. Godfrey, then and there feloniously, wil-
, fully, and of thy malice aforethought, didst fold
and fasten; and that thou the said Robert
Green, with the handkerchief aforesaid, by
thee the said Robert Green in and about the
neck of the said sir Edmundbury Godfrey, in
•nanner and form aforesaid, folded and fast-
ened, then and there him the said sir Edmund-
bury Godfrey didst choke and strangle, of
which said choking and strangling of him the
•aid sir Edmundbury Godfrey, in manner and
form aforesaid, be the said sir Edmundbury God-
frey then and ^here instantly died : and that
you the said Henry Berry and Lawrence Hill,
together with the said — — Girald, Domi-
nick Kelly, and Phillibert Vernatt, then and
there feloniously, voluntarily, and of your ma-
• See the Introduction to the Trials for the
Popish Plot, vol. 6, p. 1494.
raid, Pomioick Kelly, and Phillibert Vernatt,
in manner and form aforesaid, the aforesaid
sir Edmundbury Godfrey, feloniously, wilfully,
and of your malice aforethought, did kilt and
murder, against the peace of our sovereign lord
the king, his crown and dignity.
How sayest thou, Robert Green, art thou
Guilty of this felony aud murder whereof thou
standest indicted, and hast been now arraigned,
or Not Guilty? v
Green. Not Guilty.
CI. of the Cr. Culprit, now wilt thou be tried r
Green. By God and my country.
€1. of the Cr. God send thee a good deliver-
ance. How sayest thou, Henry Berry, art
thou Guilty of the felony and morder whereof
tbou standest indicted, and hast been now ar-
raigned, or Not Guilty ?
Berry. Not Guilty.
CI. eft he Cr. Culprit, how wilt thou be tried ?
Berry. By God and my country.
CI. of the Cr. God send thee a good deliver-
ance. How sayest thoa, Lawrence Hill, art
thou Guilty of .the felony and murder whereof
thou standest indicted, and hast been arraigned,
or Not Guilty? ^
BUL Not Guilty.
Ci. of the Cr. Culprit, bow wilt thou betried ?
Hill. By God and my country.
CI. of the Cr. God send thee a good deli-
verance.
Capt. Richardson. I desire to know when
they must be brought up to be tried I
Mr. Just. Wild. Upon Friday next.
CI. of the Cr. You shall have a rule to bring
them up on Friday.
But on Thursday, the 6th of February, Mr.
Attorney-General moved the court that it might
be deferred till Monday, that the king's evi-
dence might be tbe more ready ; which was
granted accordingly.
On Monday the 10th of February, 1679, the
said Robert Green, Henry Berry, and Law-
rence Hill, were brought again to the bar for
their trial, which proceeded as followed*.
CLqfthe Cr. Make Proclamation.
Crier. G Yes !
CI. of the Cr. Again, again.
Crier. O Yes, 0 Yes T our sovereign lord
the king doth straightly charge and command
all manner of persona to keep silence upon.
pain of imprisonment*
161] SCAl£4rBtAt4 *H3uiUtIL -m9^J* *k Muricrqf B*E/€h4frQ. [,©*
CLfik* Cr. Hake an O Yet.
4>ieA O Yesl if any one eaq inform our
Mrejp lord tbe king, the king 's serjeaut at
ir, aW king** attorney-general, or ibis inquest
co be taken of the felony and murder
wsarcaf Robert Green, Henry Berry, and Lew-
BiaV «*** nnsaners at tbe bar, stand in-
let them came forth and they shall he
for now the prisoner* Maud at the bar
their delivery. And all others that are
' h> recognisance to five evidence against
me at the bar, let them come forth
aed give their, evidence, or.. else they forfeit
tpssr rncngntnance*
. CL*j U*Cr. Robert Green, bold up thy
sand; Heavy Berry, hold up thy band : Law-
■sues Hill, bold op thy hand. Which they
severally did.
Those £pod man that you shall bear called,
and personall y appear, are to pass between our
stvr reign lord the king and you, upon trial of
jeer several lives. and deaths: if therefore you,
or any of yoa, will challenge then, or any of
them, your time is to speak unto them when
they eoeae to the book to he sworn, and before
tbry are jsworn. Crier, make an O Yes.
Critr. O .Yet ; you good men that are im-
fajiiiifli il to enquire between our sovereign lord
fee king and Robert Green, Henry Berry, and
Lawrence Hill,the prisoners at the bar, answer
le your tisanes, and save your issues.
CL <ftk£ Cr. Sir William Roberts.
Xjrimr. Vous aves, Sir William Roberts.
CLtftkeCr. Sir William Robert* to the
Critr. SirWiluam Roberts, look upon the
Nseoers : you prisoners look upon the jury.
Yoa shall w/eU and truly try, and true deliver-
ance snake, between our sovereign lord the
kae and the prisoners at the bar, whom you
shell have in charge, end a true verdict give
aneerdiog to your evidence. So help you God.
And she same oath was administered to the
met, and their names were as follow : Sir Wil-
liam Roberta, hart. Sir Richard Fisher, bait.
Sir Michael Ueaeage, kt. Sir Thomas Bridges,
kc WiUaens Averry, Chariet Humphrevile, John
Batsssfsty Riebard Gewre, Thomas Henslowe,
Joan Sterne* John Haynes, and Walter Moyie,
uasjnives*
ikt Cr. Crier, count these. Sir WU-
One,&c.
CLtftkeCr. Walter Moyle.
Crier. Twelve good men and true, stand
together, and hear your evidence. Gentle-
men, are you all sworn f and you that are not
The stsmcrmjp-pface for the jury being so
ihuuged, that ttose who were sworn had not
room to stand together, the Clerk of the
Crown was ordered to mate proclamation
thus:
(XtftUCr. Crier, make Proclamation.
Crmr. O Yes I jay lords the biagfa justices
4o atrat dy charge aad command all ipers<ms
^ Y9U r?f.
that are not of tbe jury, to withdraw forthwith*
upon pain of \00l. a man..
CL of the Cr. Robert Green, bold up thy
band; Henry Berry,- hold up. thy hand; Law-
rence Hill,, bold up thy band. Which they
severally did.
Gentlemen, ypu that are sworn, look upon
the prisoners, and hearken to their charge:
You shall understand, that they stand indicted
by the names of Robert Green, late of tbe
parish of St. Mary le Strand in tbe count? of
Middlesex, labourer; Henry Berry late of the
same parish and county, labourer; and Law-
rence Hill, late of the same parish aad county,
labourer ; for that they, together with, fee. (as
before) against the peace of our sovereign lord
the king, his crown and dignity. Upon this
indictment they bare been arrataed, they
have thereunto severally pleaded Not Guilty,
and for their trials have severally put them-
selves upon God and their country, which
country you are. Your charge is to enquire,
whether the prisoners at the bar, Robert
Green, Henry Berry, and Lawrenas Hill, or
any of them, are guilty of tbe felony and mur-
der whereof they stand indicted, or not guilty ;
and for them which you shall find guilty, you
shall enquire what goods or chattels, Jaods or
tenements, they had at the time of the felony
committed, or at any time since. If you find
them, or any of them, not guilty, you shall en*
2 aire, whether they, or any of them, that yoa
nd so not guilty, fled for the same; if you find
that they or any of them fled for the -same, you
shall enquire of their goods and chattels, as if
you had found them guilty : but if you had
them, nor any of them, not guilty, nor that
they did fly for it, say so, and no more, ami
hear your evidence. Crier, make proclama-
tion.
Crier. O Yes ! If any one will give evidence
on behalf of our sovereign lord tbe king, against
Robert Green, Henry Berry, and Lawrence
HiU, the prisoners at the bar, let them coma
forth, and they sbajl be heard.
Mr. Serjeant Stringer. May it please your
lordship, and you gentlemen ot this jury, tbe
prisoners at tbe bar, Robert Green, Henry
Berry, and Lawrence Hill, stand indicted, for
that they, with one Grrald a priest, one Kelly,
and one Vernatt, did the twelfth of October
last, at tbe parish of St. Mary le Strand in this
county, feloniously, wilfully, and of their ma-*
lice aforethought, assault the person of sir
Edmundbury Godfrey, kt. and that the prw
soever, Robert Green, did put about the neck
of the said Sir Edmund bury a twisted hand-
kerchief, and did with that twisted handker-
chief so choke and strangle the said Sir' £0%
mundbury, that he immediately died ; and that
tbe other prisoners, Henry Berry and Law-
rence- Hill, with the other persons, Girnld,
Kelly, and Vernatt, were aiding and assisting
the said* Robert Green 80 murder the atid Sir
Edmondbury ; and* so the prisonem ot the bar,
with the said other perautts, the said Sir Ed-
mondbury Godfrey did kill and murder, -
M
1
l(tf } STATE TRIALS, 3 ! Chawlbs II. 167D.— TVud of Green, Ikrry, and Hill, [16ft
agaiast the king's peace, his crown and dig-
nity. To tbbtbry have pleaded Not Guilty,
and for their trial have put themselves upon
their conntry, which country you ere. If we
trove them or any of them guilty, you are to
find it so.
Attorney General (Sir William Jones).
May it please your lordship, and you gentle-
men of this jury, the prisoners who stand now
at theibar are indicted for murder. Murder,
as it is the first, so it is the greatest crime that
is prohibited in the Second Table. It is a
crime of so deep a stain, that "nothing can
wash it away but the blood of the offender,
and unless that be done, the land in which it
is shed will continue polluted. My lord, as
murder is always a very great crime, so the
murder which is now to be tried before your
lordship is, it may be, the most heinous and
most barbarous that ever was committed.
The murder was committed upon a gentleman,
and upon a magistrate, and I wish he had nqt
therefore been murdered, because he was a
Protestant magistrate. My lord, I will not
spend much of your time in making my obser-
vations before hand, because I must in this
case crave leave to do it in the conclusion of
the evidence. For I, that have made a strict
examination into this matter, do find, that I
shall better spend my time in making obser-
vations, and shewing how the witnesses do
Agree, after the evidence given, than before.
Therefore, my l«>rd," I »hall at present only
make a short narrative of the fact, to shew
you the course of our evidence, that it may he
♦he better understood and remembered by the
iiry. My* lord, upon the discovery of the late
orrid plot
. Lord Chief Juttke (Sir William Scroggs.)
And present Plot too, Mr. Attorney : but
pray go on.
Att. Gen. If your lordshijj please, you may
call it so, for it is to be feared they have not
yet given it over: but upon the discovery of
that Plot (call it late or present) sir Edmund-
em* Godfrey (whom I suppose the jury all
knew, and every man that lived thereabouts
must needs remember to have been a very use-
ful and active justice of the peace) had taken
several examinations about this matter, and
perhaps some more than now are extant; (but
we have proof he had some) and was very in-
dustrious iu finding out the principal actors in
this plot-, among whom, some priests and Je-
suits foreseeing their own danger, and likewise
the overthrow of a design which they bad been
so long in contriving, they bad several con-
sultations bow to prevent the discovery. And
as they are men- who never stick at blood, but
rather account it meritorious to shed it, though
never so unjustly; when their interest may be
profited by it) they did resolve to secure them-
selves and their design by taking away the life
of this gentleman. In order thereunto thev
had several meetings, and the place of their
meeting, you will find, by the evidence, to
be at the Plow-alehouse, and there they did
consult how to take away the life of sir £•
Godfrey. And they made several attempts to
do it: one while they dogged him into the
6elds, another while they sent people to spy
when he came abroad, that thev might follow
him into some dark alley, or other obscure or
unfrequented place, and there dispatch him ;
and at last, after many attempts, they suc-
ceeded in that wicked one, when the murder
was committed.
My lord, there are contained in this indict*
ment six offenders, all principals; three of
them, i think, are priests, or at least two Of
them are so ; that is, Father Girald an Irish-
man, Father Kelly likewise of the same na-
tion, and one Vernatt, whether a priest or lay-
man I know not. These priests (as they are
always the first that contrive mischief, so they
are always the first that fly punishment) have
taken care for themselves, and run away, and
left their blind followers, the prisoners at the
bar, whom they had drawn into this bloody act,
alone to answer for it.
The day when this murder was committed
was Saturday the 19th of Oetober last ; and I
must desire your lordship to take notice of the
day, for upon that much of the evidence will
depend. And we shall prove, that as they did
before send several times to sir E. Godfrey's
house to get intelligence of his going abroad,
so this very day in the morning, Hill, one of
the prisoners at the bar, came to his house
upon pretence of business with him ; and, as we
guess, and have reason to believe, to learn
whither he went that day : Green (another of
the prisoners) bad been there before on the
same errand. And so much we shall prove
to you by the people of the house. Sir £.
Godfrey happened about noori, or some time
in the afternoon of the same day (as we have
it by the confession of one of the parties) to
be at an house near St. Clement's church,
where these murderers bad notice he was, and
had prepared a trap for him as he came beck.
They had appointed men to watch him, and
give them' notice when he did come back;
and whatever his business was at the house
that he was in (for it cannot yet be known)
he staid there till about seven or eight o'clock
at night: and your lordship knows that at that
time of the year it is then dark. He coming
from about St. Clement's church towards his
own house near Charing Cross, notice was
given to the murderers of his approach near to
Somerset-house. And thus they had laid
their bloody contrivance i some of them were
appointed to meet him at the back-gate ol
Somerset-bouse, and to inform* him that then
was a quarrel in the yard, and he being. a aiavc
always careful to keep the peace and pontst
them that broke it, they thought it a very ap
means to train him into the yard. And whei
he came near the back-gate they did accord
ingly acquaint biro, that two of the queen*
servants were fighting in the yard, and tha
they needed his presence to part and quie
them.. He, at first, thought it might be bu
I0S3 CTATE TRIALS, 31 Charles II. 1 679.-: for the Murder <tf Sir E.Gotfrey. [1GC
some ordinary idle scuffle, and was not willing
to gp dawn ; but being very much importuned
by (seat, down he went, through the back-
loto toe yard, wjiere were indeed two
scuffling together, but counteifeiily ; the
•as Berry, the prisoner here; the other
was Kefly, the priest that is run away. And
when sir E- Godfrey was come, and within
tneir reach, tbeu, as it was before contrived,
the hay of itself ended, and Berry goes to the
fewer water-gate, and Mr. Praunce (who was
ie Chat foal iact, but hath since repented, and
haih ott.de this discovery) to the upper-pate,
nVkeep back any casual passengers lor a little
while, till such time as the murder was over.
My lord, things being thus prepared, whilst
av E. Godfrey stood still, or was returning,
fearing no more to do there, after the scuffle
was thus appeased, Green, one of the pri-
soners, commg behind him, puts a cravat, or a
twisted linen cloth (which he had ready for
4he purpose) about his neck. And he, Hill,
and those holy fathers Girald and Kelly (with
great veneration be it spoken, for men of their
order tostain their hands with the blood of an
iaaoant gentleman, and that in so treacherous
a manner,) all set upon him, and very man-
ually, being four upon one, and he altogether
surprized, threw him down aud strangled him.
And this was done (as it is easy to imagine)
without ranch noise ; so that I doubt not but
many that were near the place might be igno-
rant of it, and did not bear it.
• My lord, though the thing was done with a
great seal, aud a very good will to dispatch
aim, yet it so happened, that when Mr.
Praunce came back from keeping sentinel at
the gate, there was some life left in sir £. God-
frey; he did stir his feet, and thereby they
perceived that he was not quite dead. But tp
make thorough work with hrm> Green (*ho
began, and was to give an accomplishment to
1ms bloody fact) takes hold of his head and
twists his neck round, and stamps upon his
breast, the marks of which outrageous cruelty
did plainly appear in his body after it was
found.
My lord, after they had thus killed him,
draw the priest thought he was not yet dead
enough, and was very willing to run him
through with sir Edmund bury *s own sword ;
but that was not liked by the ret>t, lest it
might be discovered by a great effusion of
blood in that place ; and so they forbore it for
' that time. Having thus dispatched him, they
removed him to the chamber of Hill, where
they kept him some time, and after 'that to
another chamber. I will not be particular
herein, because the witness will give the best
account of it. But after some time, (I de-
sire it nay be observed, it was on Monday
night, two nights after the fact was committed J
they brought him into another room and lain
him there, with a doke thrown over him. And
I mention this last so particularly, because he
then happened to be seen by another witness
tare present, who concurs as to his lying there
dead, and that he saw him by the helptt'adark
Ian thorn, of which, and other circumstances, I
shall have occasion to make use herealter. .
My lord, after he had lain in Somerset*
house some days, they thought it was high time
to remove him, or rather to expose han : tor
having now killed him, they did endeavour to
kill his reputation, and lay the blame of this
foul murder upon tins innocent gentleman, as
if be had killed himself: and on Wednesday
night, which by computation was the 16th of
October, they carried him out of Somerset-
bouse in this manner : Hill having late in the
night procured a sedan, they made a shift, by
bendiug the body to a fit posture, to crowd
him into it ; and Berry, one of the murderers,
and porter of Somerset-house, was of all men
most proper to tjelp them out with privacy ;
and therefore it was agreed between them,
that whenever a man should come before and
make an hem, it should be a sign to Berry to
open the gate. And, my lord, having put
him into the sedau, Mr. Praunce and Girald
first carried him out iu it to Coven t Garden,
and there. they rested (being something wea-
ried with their burden) and two more supplied
their rooms, and carried him to Long-acre.
Then Girald and Praunce took hiin up again,
and carried him to the Grecian church near
Soho : and when .they had him there, they got
an horse ready and mounted him upon it, and
Hill was set behind him to- hold him op; by
which means they carried him to the place
where he was found ; and there, to accom-
plish the last part of their design, which was to
murder his reputation, after they had killed
his body, they took his own sword 'and run him
through, and left him in such a manner, as
that (according to the weakness of their un-
derstanding) trie world should conclude he
had killed himself. In that condition was the
gentleman found. I have but little more at
present to trouble you with, and that shall he
to shew you what the murderers did after they
had- committed this fact. They gave an ac-
count of it the next morning to Mr. Praunce,
who went no further than the sedan went,
which was to the Grecian church: and the
priests wt re so far from any remorse, and had
so little humanity, (I believe there is none can
think they had much of divinity) that they did
in a paper, set down a narrative of this heroic
act: and I doubt not, but by this time it it
sent to Rome, where it finds as great approba-
tion, snd causes as great joy, as their other
acts of a like nature have heretofore done.
Some days after the fact was done, and, to
their everlasting honour, thus by themselves
recorded, some of these priests had a meeting
at the Queen Vhead at Bow, and there was the
paper produced and read ; at which they were
very merry, and were so loud, that some of the
bouse overheard them ; and do yet remember
that they read, and were merry at, a paper
which -concerned sir £. Godfrey.
My lord, this will be the course of our evi-
dence; and though your lordship and the jury
will easily believe that most of these parties-
Jars must arise from one who was party to the
feet, yet, my lord, I will undertake, before I
have done, so to fortify almost every particular
lie delivers, with a concurrent proof of other
testimony, and the things will so depend upon
one another, and have such a connection, that
little doubt will remain in any man's mind,
that is come hither without prepossession, but
that sir £. Godfrey was murdered at Somerset-
house, and that the persons who stand now
indicted for it were the murderers.
Recorder. (Sir George Jefferies.) My lord,
if your lordship pleases, according as Mr. At*
torney hath opened it, we desire we may call
our wituesses; and first we will call Mr. Oates.
Crier. Mr. Oates, lay your hand oo the
book. Tfie evidence you shall give for our
sovereign lord the king, agaicst Robert Green,
Henry Berry, and Lawrence Hill, the pri-
soners at the bar, shall be the truth, the whole
trorh,and nothing but the truth. So h< lp youGod.
Solicitor General (Sir Francis Winnington.)
Pray, Mr. Oates, will you give my lord and
the jury an account what transactions there
were between you and sir £. Godfrey ; and
that, id? lord, is all we call him for. *
Ait. Gen. My lord, I call this gentleman
to prove what examinations sir E. Godfrey had
taken, and what was his own opinion of bim-
adf about them.
L. C. J. Mr. Attorney, I suppose the use
ou make of it is this, to shew, that that might
i one of the motives to these persons to do
this act, because he was forward in the dis-
covery of their Plot.
At I. Gen. It is so, my lord ; and that it
was his opinion himself that he should have
some mischief from them for it.
X. C. J. Come, Mr. Oates, pray tell your
knowledge.
Oates. My Lord, upon the 6th of September
last I did go before sir E. Godfrey, and there
upon oath gave in several depositions, and after
that I had made oath of those depositions, we
took the record along with us home again.
And on the 28th of September, after we had
taken two or three copies of this record, we
went before sir E. Godfrey again, and swore alt
the copies we had taken, and so made them
records. My lord, after that, the business was
made known" to the council by myself, and upon
Mprtjay Mr. Godfrey came to me, which was,
I think, the 30th of September, and did tell me,
what affronts he had received from some great
persons, (whose names I name not now) for
oeing so zealous in this business. And, my
lord, he told me, that others, who were well in-
clined to have the discovery made, did think
that be had pot been 'quick enough in the
prosecution, but had (been too remiss, and did
threaten him* that they would compidln to the
parliament, which was to sit the gist of Octo-
ber folio wing. My Lord, that week before sir
E. Godfrey was missing, he came to me, and
told me, that several jfroplsh lorc-s, some of
whom ate now in the Tower, bad threatened
C
m.~TrialofGw,hmtymdHm, [ttfg
| him, and asked bias what be had to do with it.
My Lord, I shall name their names wbentimv
shall come. My Lord, this is all I can say :
he was in a great fright, and told me, be wont
in fear of his life by the popish party, and the*
he had been dogged several days.
Att. Gen. Did he tell you that be wan
dopged ?
Oates. Yes, he did ; and I did then oak hint,
why he did not take his man with him ; be said
he was a poor weak fellow % I then asked bin*
why he did not get a good brisk fellow to at-
tend him f But be made no great matter of it ;
he said, he did not fear them, if they cense*
fairly to work ; but yet he was often threatened,
and came sometimes to me to give him tome)
encouragement ; and I did give him what en-
couragement I could that be would sotfer ia a
just cause, and the like ; bat be would often
tell me be was in continual danger of befog;
hurt by them.
Att. Gen. We desire Mr. Robinson may be-
sworn. Which was done accordingly.
Recorder. Pray sir, will you tell the eoai*>
and the jury, what discourse you bad with sir
E. Godfrey, and what apprehensions be bad
concerning this business.
Tho. Robinson, esq. (Chief Prothonotary of
the court of Common pleas.) ' My lord, sir B.
Godfrey and I were of a very ancieat ac~
quaintance for above forty years ; we wen
bred up together at Westminster-school, and
continued in that acquaintance all along, ex-
cept in the times of the war, and were for many
years together in commission for the peace, both
for this county and this city. We met at the
quarter sessions for Westminster, the 7th of
October, which was Monday, as I take it, and
meeting there, we went, after the court was op,
and dined with the head bailiff, as the custom
is; where sir E. Godfrey and I did discnurse
several things about this Plot ; I said to sir BL
Godfrey, I understand you have taken several
examinations about this Plot, that is now made
public : truly, said he, I have ; but I think I
shall have little thanks for my pains, or some
such words : saith he, I did it very unwillingly,
and would fain have had it done by others.
Why said I , you did but what was your duty to
do, and it was a very good act : pray, sir, have
you the examinations about you, will you please
to let me see them ? No, I have them not, said
he; I delivered them to a person of quality ;
but as soon as I have them, you shall see them.
But, said 1,1 should be very glad to understand,
sir Edmundbury, that the depth of the matter
were found out. I am afraid, said he, of that
that it is not ; but discoursing further, he .said
to me, ' Upon my conscience, 1 believe I shall
be the first Martyr/ Why so? said I, are von
afraid ? No, said be, I do not fear them, if they
come fairly, and I snail not part with my lip
tamely. Why do not you go with a man, said
I, if youjiave that fear upon you ? Why, saijl
he, I do not love it, it is a clog to a man. ' But.
said T, von should do well to )coep a man ; f
observe you never go with one.
Att. Gem. Bet did he teR yoo, Sir, that he
•tit) believe he should be the first martyr I
JtotimoiK* Yes, he did say, Upon his coe-
he did believe he should he the first
tyr ; assst this is all I can gay sf this busi-
Att. Gem. Then, if your lordship please, we
will, in the next place, call Mr. Praunee, who
was drawn in te he present at this business,
and who knew of all the fact, and will give you
an nooossnt of the whole matter.
Then Mr. Praunee was sworn.
Ait. Gen. Pray, Sir, begin at the^very be-
ginning ; the meetings you bad at the Plough
alehouse, and the sending to sir Edmundbury's
home, and all the story.
L. C. J. Mr. Praunee, pray tell as the first
inntites that were used to you to do this thing,
and the first time it was mentioned ; who they
were that first mentioned it, and where.
Praunee. My lord, it was about a fortnight
or three weeks before be was murdered, we met
sewal times' at the Plough alehouse.
JL C. J. With whom ?
Praunee. With Mr. Girald, Mr. Green and
Mr. Kelly. Girald and Kelly did intice me in,
and tatd me it was no sin.
Recorder. Girald and Kelly did i
JVsnmet. Yes, Girald and Kelly.
Recorder. What are they f
Praunee. Two priests : And they said, it
was no sin, it was a ebaritable act -. They said
he was a busy man, and had done and would
da a great deal of mischief, and it was a deed
of charity to do it ; and so they told the rest
Alt. Gen. Where was it they said thus r
Praunee. They said it at the Plough, and by
Recorder. Well said. How long was it before
he died?
Prmmuce. A week or a fortnight before he
was mnrdered, and Green, Hill and Girald met
there together.
AU. Gen. What discourse had you then ?
Pramnce. There they resolved, that the first
that could meet with him should give notice to
tat rest to be ready ; and so in the morning,
whan tliey went out on Saturday — —
Att. Gen. But before yon come to that, do
yea know of any dogging of him into the
Prawnce. Yes, it was before that, I heard
them say they would, and had dogged! him into
the fields.
L. C. J. Who did you he-.ir say so r
Pmutte. Gtrald, Kelly and dreen.
Att. Gen. That Green is one of the pri-
soners.
Aemrnter. Which way did they dog him ?
what fields *
Praunee. Red~tion*nelds, and those by Hol-
4*. 0e». Why: did they not kill bhn there ?
frmnee. Because thrj had not opporta-
V.-^tk*Murikrtf$#E.Go4fry. [170
Att. Gen. Do yon know'of any seeding to
hi* bouse, or going to it ?
Praunee. One time I do know of, and that
was Saturday morning, Mr. Kelly came to give
me notice, that they were gone abroad to dog
him ; and afterwards they told me, that Hill or
Green did go to his house and ask for him,
but the maid told him, he was not up, and
then went away, and said he would call by and
by.
Hill. What time was that in the reoratog F
Praunee. It was about 9 or 10 o'clock in she
morning.
Hill. And had we been there before er
after r
Praunee. You had been there before.
Recorder. Pray stay till such time as we hare
done with our evidence, you shall have all free
liberty to ask him any question j but /on must
stay till we hare dene.
Praunee. As soon as they heard he was
within, they came out and staid for his eosniog
out, and dogged him.
L. C. J. Did all three of them go to his '
house ?
Praunee. No, my lord.
L. C. J. Who was it did go f
Praunee. Only one, either Hill or Green.
L. C. J. How- do you know that ?
Praunee. They told me so themselves, fur
they came to give me notice.
L. C. J. Who told you so ?
Praunee. It was Girald and Green both.
L. C. J. Did Green tell you that he bad.
been there ?
Praunee. He told me one of them, but I am
not certain which. And so, my lord, after
that, when he came out they dogged him that
day up andjiown.
Mr. Justice Jonet. Who dogged him ?
Praunee. Girald, Green and Hill dogged hioi
into St. Clement's ; and about seven o'clock, -
Green came and gave me notice, that he was at
St. Clement s, and I came to Somerset-house as
fast as 1 could.
Z.. C. J. Where were you r
Praunee. At my own house.
I*. C. J. How far did yon live from Somer-
set-Souse ?
Praunee. J lived in Princess-street, not far
from Somerset-house.
Recorder. Who was it gave you notice f
Praunee. It was Green. He told me. that
Girald and Kelly were watching him, and that
he was at St. Clement's,
£. C J. Where was h« ?
Praunee. At St. Clement's, my lord.
L.C. J, Where there?
Praunee. I was not there, (hey told me so,
and no more; and about, eight or nine o'clock,
Hill came before, up the street, and gave qs no*
tice that we must be ready. And so^ my lord,
as soon as HiH, had given us notice, he wen* up
to the gate, and staid there till' sir £. Godfrey
came by, and t^en told hin^ there were two
men a quarrelling, and desired, bto to* come
and try whether be could pacify them: be was
171] STATE TRIALS, 31 Charles II. 1679.— IWafo/ Green, Berry, and Hill, [IK
very unwilling. But pray, Sir, saith Hill, you
being a justice of the peace, may qualify them ;
and so he went down till he came to the bot-
tom of the rails; and when he came to the bot-
tom of Che rails, Green twisted his handker-
chief, and threw it about his neck, and threw
him behind the rails, and there throttled hitn,
and punched him, and then Girald would have
thrust his sword through him ; but the rest
would not permit him, for fear it should dis-
cover them by the blood. And about a
quarter of an hour after I came down, and
found he was not quite dead ; for I laid my
band upon him, and his legs tottered and
shook, and then Green wrung his neck quite
round.
Att. Gen. Who waajt that took him by the
neck ? — Praunee. It was Green, my lord.
L. C. J. Did you see him ?
Prauncef No, but he did tell me afterwards
that be did it. -
L. C. J. Who, Green himself?
Praunee. Yes, my lord, for he boasted of it.
Ait. Gen. Pray what did he do to him be-
sides ?
Praunee. He punched him with his knee.
* L. C. J. Did you see him do this ? How do
you know be did it f
Praunee. He and the rest told me so after-
. L. C. J. Where were vou at that time the
handkerchief was twisted about his neck ?
' Praunee. As soon as I came down I went
towards the gate.
X. C J. Who ordered you to stand at the
gate?
Praunee. It was Hill.
Mr.Serj. Stringer. You watched the water-
gate, who watched the stairs ?
Praunee. That was Berry.
Recorder. Pray give an account what they
did afterwards.
Praunee. Why, afterwards——
Att. Gen. Who told you that Green
twisted 1iis neck ?
Praunee. AH spoke of it.
Att. Gen. Did Hill r
Praunee. Yes, be and tlie rest.
Alt. Gen, How came vou to understand
that he punched his breast?
Praunee. Green spoke of it himself, and so
did the others.
Att. Gen. Who were about his body when
you came down to the gate f
Praunee. All four.
Att. Gen. Name them.
Praunee. Hill, Green, Girald, and Kelly.
Att. Gen. Was Berry there r
Praunee. He came to them a while after.
Att. Gen. When ?
Praunee. Before they carried him into the
boose.
Att. Gen. How pan you teQ that ?
Praunee. Because be helped them to carry
him in.
' Sol. Gen. Where was Berry before they
carried him into the bouse ?
Praunee. Hw*was about the stairs.
Recorder. W1m> was it that curried him op
into the room ?
Praunee. We all did.
Recorder. Pray name all that were in the
company.
Praunee. Tliere was Girald, Greed, Hill,
Kelly, B.rrj, and i.
Att. Gen. Who set their hands to it ?
Praunee. We all did help ; Hiil went be-
fore and opened rjitr door, aud we carried him
id to the room.
Att. Gen. Whose room was that ?
Praunee. It was a ' chamber^ of Hill's, in
Dr. Godwin's bouse.
Recorder. Was Hill Godwin a man ?
Praunee. Yes, he had been.
Mr. Justice Jones. Did Berry help to carry
him in ?
Praunee. Yes, Berry did. .
Mr. Serj. Stringer. Was there any dis-
course of a sword to be thrust through him at
that time ?
Praunee. Yes, Girald said he would thrust
a sword through him ; but they would not let
him, for fear of discovery.
Ait. Gen. What became of the body ?
Pruunce. It lay there till Monday night,
and on Monday it was removed to Somerset
House, and upon Monday night Hill did shew
me it with a dark-lanthorn.
Att. Gen. Who were in the room then?
Praunee. Girald, and Hill, and Kelly, and
all were there. And on Tuesday night it was
brought back again : Mr. Hill would have car-
ried him into his own lodging. .
L. C. J. Whither did they carry him on
Monday night ?
Praunee. Into Somerset House.
Just. Wild. In not Hill's chamber in Somer-
set House ?
Serj. Stringer. Describe the room, Mr.
Praunee, as well as you can.
Praunee. I am not certain of the room, and
so cannot describe it.
Just. Wild. But was not U ill's chamber in
Somerset House ?
Praunee. It is in the lower part of the
house, in a court.
Att. Gen. When you saw him in this room,
pray what was thrown over him ?
Praunee. There was something, I cannot
tell what ; for I durst not stay long there.
Just. Dolben. What light was there ?
Praunee. Only a dark lanthorn.
Att. Gen. Who carried it ?
Praunee. Hill carried it.
Just. Dolben. Are you sure you saw the
body there ?
Praunee. Yes, I am certain of it.
Att. Gen. What became of it after that ?
Praunee. On Tuesday night it was carried
to. Hill's, the chamber where he was first
brought after be was murdered ; but there v*a*
somebody there, and so they could not carry it
into the room, but they carried him into a room
just over against, I think they were sir Job?
MS] STATE TRIALS, 31 Chablbs II. 1679.-; for the Murder of Sir E. Godfrey. [17*
AraaeWs lodgings, I cannot tell. There it lav
qil Wednesday night, and about nine o'clock
oa Wednesday night they were removing the
body into the room where it first lay ; and I
happened to come as tbey were removing it,
aad they were- affrighted and rob away : Bat I
spoke, and Berry came back again, and got the
hod/ an into the room, and about 1 3 o'clock they
earned it away in the sedan.
Att. Gen. Who brought the sedan ?'
Hill did.
Who put him into it ?
We all set onr hands to it.
Who carried him out first ?
I and Girald.
Out of which gate.
The upper gate of the upper court.
How came you to have the gate
Praunce.
Att. Gen.
Trounce.
Att. Gen.
Gen.
Att
P
Att. Gen
opened ?
Praunce.
Att. Gen
Praunce.
thesi«a«
Att. Gem. Who was it that carried the sedan
first ? — Prmunee. I and Girald.
Berry opened it.
How came be to open it ?
Somebody hem'd, and that was
Att. Gen.
Recorder.
Prmunee,
we rested.
■ Att. Gen.
P ran nee.
Alt* Gen.
Who went before ?
Green and KelJy.
How far did you carry him?
Into Coven t Garden, and there
And who took him up then ?
Green and Kelly.
How far did they carry him ?
Prmunee. They carried hi«n to Long- Acre.
Then we took him up, and carried him to
Soho church, and there Hill met us with an
horse, and we helped the body up.
Att. Gen. Who was it that rid behind him ?
It was Hill.
What did you do with your
Att. Gen.
?
Praunce.
We set it in a new house till we
again.
You
say you saw him on horse-
C.J.
?
Prmunee. Yes my Lord, I did.
JL. C. J. How, in what posture ?
Praunce. Astride ; his legs were forced
, and Hill held him up.
HiU. Did I hold him?
Praunce. Yes, you did.
L. Q.J. Did the others go with him ?
Praunce. Yes, my Lord.
L. C. J. Who did go with him ?
Prmunee. Green, Hill, Girald and Kelly.
Att. Gen. Pray, will you tell my lord and
the Jury, what account they gave you the next
aiorning concerning the body, aod how they
had disposed of it.
Pmrnnce. They told me
L. C. J. Wlurmid you ?
Prmunee. Hill, Kelly and Girald.
L. C J. What did they tell you ?
Prmunee. First, that they had run him
through with his own sword ; then throwo him
iato a ditch, and laid his gloves and other
things upon the bank.
Att. Gen. Pray tell now the story of your
meeting at Bow. What was the house called
you met at?
Praunce. It was the sign of the QueenV
Head.
Att. Gen. Who was it that did meet there?
Praunce. They were priests ; I cannot so
well remember their names, they are written
down in this paper.
Recorder. Look on the paper yourself; you
can read, I suppose ?
Praunce. There was one Luson, a priest, I
think. \
Att. Gen. Where did he live ? • '
Praunce. He was with Vernatt.
Att. Gen. What was the occasion of your
meeting there?
Praunce., . Vernatt told me it' was only to
be merry there.
Att. ben. What was the man of the house
his name ? ^
Praunce. One Casshes.
Att. den. Did you dine there ?
Praunce. Yes.
Att. Gen. What had you for dinner?
Prmunee. We had a barrel of oysters, and
a dish of fish : I bought the fish myself.
X. C. J. What day was it ?
Praunce. The Friday after the Proclama*
tion, that all the papists were to be gene out
of town.
Recorder. Tell what company you had
there, and what discourse.
Praunce. There was Mr. Vernatt, and I, and
Mr. Girald, and that other priest, and one Mr.
Dethicke.
Att. Gen. Who sent for him ?
Praunce. Mr. Vernatt sent a note for him
by a cobler.
Att. Gen. Did he come upon that note ?
Praunce. He came presently. And when
he was come, then they read all the writing of
the murder ; for Mr. Vernatt should have
been one at the doing of it, but something hap-
pened be could not.
Att. Gen. Mr. Vernatt was very sorrowful
at the reading of it, was he not?
Praunce. If he was, it was because he was
not there.
Att. Gen. How did he behave himself?
Did he read it with any pleasure and delight ?
Praunce. We were all very merry.
Att. Gen. What can you say about any
bodv's over-hearing you ?
Praunce. There was a drawer came and
listened at the door, and I bearing the door a
little rustle, went to the door, and catched him
listening ; and said I to him, sirrah, I could
find in my heart to kick you down stairs ; and
away be went.
Just. Wild. Was Vernatt with you there
that night he was murdered, the Saturday night?
Praunce. No ; there was only the six I have
named.
Just. Jones. You say that you met at the
Plow the first night ? '.
Praunce. Yes,
175] STATE TRIALS, 51 Chauks II. \679.~Trial qf Green, Berry, and HIU, [WO
X. C. J. How ?
fust, JEJNssf. And there job were told, that
it was a very charitable act to kill iir E. God-
frey?
..JVeasre, Yes, I was so.
Just. Jane*. Was it agreed there that he
should be killed?
Preaacc. It was agreed there; and the
first that met him were to give notice to the rest.
Just. Jonei. Who were there ?
Prewaes. Girald, Kelly, Green and I.
X. C. J. When came Hill and Deny into
this cause ? How came they acquainted with it ?
Praunce. They were in it before I.
X. C. /. Who told you they were in it ?
Praunce. Mr. Girald, my ford, told me so.
Just. Jones. Hill and Berry were not at the
Plow, where did you first hear them speak of it?
Praunce, Girald and I ha?* been at Berry's
house divers times.
Just. Dolben. But there were two meetings
at the Plow, were there not?
Praunce. Yes, there were.
Just. Dolben. And Hill was at the last meet-
ing, was be not ?
Praunce. Yes, he was, my lord.
Att. Gen. Now I would ask you this question
Ly the favour of the Courtywas there any reward
proposed by these priests for the doing of it ?
Praunce. Girald and Vernatt did speak of a
gpreat reward that was to be given for it. .
Ait. Gen. Pray, how much ?
Praunce. I do not remember what.
Att. Gen. Cannot you tell how much ?
Praunce. There was to be a good reward
from my lord Bellasis, as they said.
Justice Dolben. You had several meetings,
you say : Did you there resolve what should
be the way of doing it ?
Praunce. Girald was resolved to kill him
that night ; and if he could not set him into a
more convenient place, be would kill him with
his own sword, in the street that leads to his
own boose.
Recorder. Who'was that that resolved so ?
Praunce. It was Girald.
Recorder. The priest, rather than rail, was
resolved to do that act of charity himself.
Ait. Gen. I would now ask you a question,
which though it does not prove the persons
ev, yet it gives a great strength to the evi-
*. Do you know Mr. Bedlow, Mr. Praunce.
Praunce. I do not know bias.
Att. Gen, Had you ever any conference
with him before you was committeo to prison ?
Praunce. Never in all my life.
Ait. Gen. Were yon ever in his company
in your list before, that you know of?
Pwaunee. No, not that I remember.
. At$. Gen. Wall, you shall see how fw he will
agree with you.
Recorder. Now they may ask bin any ques-
tions, if they please* for we have done with him.
L. C+ J. Let them if they will.
Hill. My lord, in the first place, I humbly
paay the* M*« Praiinee's evidence may not
stand good against mc, as being pastured by his
own confession.
Hill. I suppose, my lord»it is not unknown to
SMi that be made such an open confession ba-
re the king.
JL C /. Look you, sir, I will tell you far
that, I do not know that ever he made a con-
fession to contradict what he had said upon his
oath.-— Hill. He was upon his oath before.
L. C. J. Yes, he bad-accused you upon oath ;
but afterwards, you say, he confessed that it
was not true, but that confession that it was not
true, was not upon oath : How is he then guilty
of perjury ?
Hill. My lord, if a man can swear a thing
and after deoy it, he is certainly perjured.
X. C. J. If a man hath great horrors of eon-
science upon him, and is rail of fears, aod the
guilt of such a thing disorders his mind, so as
to make him go back from what he bad before
discovered upon oath, you can't say that man
is perjured, if be don't forswear it : But I be-
lieve no body did believe his denial, because
his first discovery was so particular, that every
man did think his general denial did only pro-
ceed from the disturbance of bis mind. Bot
have you any mind to ask him any questions?
Recorder. We can' prove, that immediately
after he retracted bis recantation.
Justice Dolben. Try if you can trap him ta
any question.
Hill. Pray what boor was k that I want to
sir Edmundbury Godfrey's ?
Praunce. About nine or ten o'clock, I am
not certain in the hour.
X. C.J. No, no, a man cannot be precise
to an hour ; but prove you what you can.
Hill. I have a great many witnesses, besides
the justice of my cause, that I was not wot of
my house that day.
X. C. J. You shall be heard for that ; bat the
present matter is, whether you will ask him amy
questions or no ?
Hill. My lord, it is all false that lie says, nod
I deny every word of it, and I hope it shall not
not be good against me.
L.C.J. Well, Mr. Berry, will you ash faim
any questions?
Berry. Mr. Praunce, who was in my bosses a
that time you speak of?
Praunce. There was your wife there, and sc
vera! other persons besides.
Berry. Who were they ?
Praunce. There were divers people ; ifcia a
ale-house.
Berry. But who? Can yon nam* **\y <
them?
Praunce. There was Girald, and KeDy*wj>el 1
X. C. J. Why, dUt yon not all know* M
Praunce?
Berry. My lord, I knew him an be
up and down m the house*
X. C. X Why, what answer is the* ?
do you mean by his passing up and d«
the house ? did you never drmk with him f
Berry, Drink with kirn* my lord I Yetsv
JL C. J. Yea? wiry people dWt oat te> drii
as they go along, ft
wfa
177] STATE TRIALS, SI Chau.es IK im.~Jbr the Murder tfStrB. Gotfrty. [178
Berry. It was in other company that came
to raj boose, no acquaintance of mine.
L. C. Jl ' Was not Mr. Praunce known by
joa all three ? which of yd a can deny it ? what
sayyoa, Hill ?,
&*/£. My l*»rd, I did know liiro.
L. C. J. What say you, Green ?
Green* Yes, I did know him.
Atl. Gen. But yet, my lord, we shall prove
ia the coarse of our evidence, that upon their
examinations, they did deny they ever knew
him; but because the prisoners give us this
occasion, I desire Mr. Praunce may give an
accoont of one thing. I|e was concerned in
this very fact, and there was no other way to
get any proof of it, than by the discovery of
one. among themselves. He was- once of that
religion, or else he bad never been concerned
jo this thing. And your lordship will find that
Jfr. Praunce, while he was of that religion,
tad not sure of his pardon, was under some dis-
turbances and fears, which prevailed with him
to come before the king, and deny what he had
sworn. But, my lord, which is very observa-
ble, this geotieroan that hod made that denial
before the king, was so far convinced that he
had done amis* in it, and so troubled that he
had done it, that he desired captain Richardson
fas soon as he returned back to prison) to carry
him back to the king again ; for he must go
back and make good that confession which he
at first bad made ; for it was every word true.
And being for the king, we desire captain
Richardson may be sworn.
, Justice Wild, Can yon tell where sir £.
Godfrey was dogged ?
. Prmuue. No, my lord, I cannot.
Justice Wild. You say they did tell yon, that
they dogged him up and down : Did not they
tell you from whence they dogged him, when
they killed him I
Praunce. No, they did not.
L.C.J. Mr. Richardson, were yon by,
when Mr. Praunce denied all that he bad con-
fcssed?
Captain Richardson. My lord, upon the
Sunday night before the prorogation of the last
parliament, I received a letter from one of the
lords of the council, to bring up Mr. Praunce
before the lords of the. committee for liiavesn*
snieatton. When I brought him thither I found
Mr. Praonce was disturbed, and desired to
sneak with the king ; and I carried him into
the king's closet, where he fell down on his
knees, and said, * He was innocent, and they
'were all innocent ;' and that was the, sub-
stance of all he said. I then had him ap to the
council, where he said- the same thing. The
lords asked him, whether any body had been
tanaering with him ? He answered* No. My
lord, when I came borne, I was no sooner got
within the doors, but he. begged of me, for
God's sake, to go back to the king* and to ac-
quaint him, not only that what he had now
said, was false; but that all which he had
sworn before, was 'troth* And if his majesty
woahJ send him a pardon, he would make a
TOL. V*II.
great discovery. And, my lord, more than
that, he said, It was fear that made him ***•
cant ; and he gave a full satisfaction, Chat it
was only out of an apprehension that his life
was not secure, that his trade would be lost
among the Roman Catholics ; - and in case ha
had his pardon, and wen saved, be shoaid
have "been in danger of being murdered by
them.
L. C. J. Now you have an account, Mr. Hill,
bow he came to deny, and how soon be recant*
ed his denial.
Justice Jones. Yon are upon your oath^Mr*
Praunce :' Is this all true that he hath said f
Praunce. Yes, my lord, it is.
Recorder. How hath he behaved himself
since that time ?
Captain Richardson. As soberly as can be,
since be had his pardon;
Ait. Gen. Pray, since that time, have you
had any discourse with him ? Aad how did he
carry himself?
Captain Richardson. Very soberly.
Att. Gen. Did he express any abhorrence of
the practice of that church?
Captain Richardson. Yes, my lord, he did
so.
Att. Gen. I hope it will make all people
abhor and forsake them in time, if these be
their practices. In the next place, my lord,
we will call Mr. Bedlow, who, though he was
not present at the murder, yet he saw the body
after it was dead in Somerset- house, which
goes to the matter as to the place ; and be
will give you some circumstances which will
very much corroborate the testimony of Mr.
Praunce.
Justice Wild. What time was it before
they carried him in, after they bad killed him I
Is. C. J. Brother, I think they say, between
eight and nine they decoyed htm through the
water-gate. Was it not so ?
Praunce. Yes, my lord.
Justice Wild. How long had they killed him
before they carried him into the room ?
Praunce. About a quarter of an hoar. -
Justice Wild. Had he bis sword about him ?
Praunce. Yes, it was found run through -
him.
Justice Wild. Did sir £. Godfrey himself
draw his sword ?
Praunce. No, he was strangled by surprise,
by getting a thing about his* neck, and prevent-
ed him of drawing bis sword.
L. C. J. They were persons that were ready
prepared for him, they would riot permit him to
defend himself.
Serjeant Stringer. My lord, before Mr.' Bed-
low be sworn, I desire a' little to open what we
call bim to. My lord, there were four priests '
that did design this murder; Le Fair* and
Welsh, and Girald and Kelly, besides the other
priests ; and they treated with Mr. Bedlow for
4,000/. to undertake to kill a gentleman. My •
lord, he did promise to undertake it, but fail-
ing of his promise, afterwards Le Fair* snet
hiiu, aad told bin it was done : and tofcr him
N
K9) $E4TB7RiA^3tGtt»A^ [Ma
be should live half- $et rewaud to kelp ta
wrykita off; and withal, carried him mta the
mom. when the hodj was. And be will tell
you Ibat Praunce was in the room when he
saw him ; and though.be never knew Praaace
before, yet when he met him in the lobby of the
lards? Hfuise, he knew kirn again* and; charged
fejm as the n*in. that com nutted this fact. And
he will acquaint your lordship, that Le Faire
$jiw, the body bkiwiae, and gave Mr. Bt dlow
an account of ilic> murder, with the same cir-
cumstances that Prauoce now relates it.
Tbcn Mr. Bcdfow was swor,n.
Recorder, Mr. Bedknv, pray do you direct
J»ttr. discourse tfr the Jtney.
X. C. J. Mr. Attorney, pray d» you ask him
yper questions* Uwt you. may put him. in that
method you would have him tab*, to give his
ejwieAce*
AU* G*n* My loroV I would, first ask him
this question : What conference he had with
any person*, pfciests of others, about murderieg
afr^bady?
Bedlow. My lord, and die .Jury, I have at
other tama% and in othec places, proved what
familiarity I have had with the priests and Je-
suits;, and if- 1. have not satisfied the Court and
otheis, about it; yet I have done my duty in en-
dflamaurieg so to do* My lord, I hire been se-
veral time* treated with, not only about the
piot, but by. several persona about murdering of
a, gentleman. They never told me who it was
that was to- be murdered ; but if I would an*
dlutalae it, they, thai, is; tie Faire end Pritchard,
and. Mr* Haines, and several other priests, who
discoursed with me about it, would find out
some to assist me, and. my reward should be
vera considerable.
X. C.J. When wet this?
Btdkm. It was in October last, about the
beginning, or the latter end of September.
X. C. J. Well, Sirr go on.
Bidiam. I did adhere to them- all along, for
I had a mind to discover two years ago, bet
was prevented ; and L only drilled them on, to
knew the party, tfaet I might prevent them.
Bat. they would never discover the party*
Att. Gen. Pr'ythee come to this particular
part of the story.
Bedlow. Afterwards they -set me to insi-
nuate myself into the acquaintance, of sir £.
Godfrey, not telling me they had a. desigtuipon
him.
i*e,j. who did?
Bedto*. Le Faire, and Pritchard, and
Welsh.
X. C. X Girald was not one, was he ?
Bedkm. No, my lord : But they told me,
that afterwards they would have me introduce
them into his acquaintance t And I had been, I
think, six or seven days together with sir £.
Godfrey, at his house ; and had got much into
his acquaintance.
-Justice Wild. By what means did yon get
inje* his acquaintance ?
Bedlam. Why, I pretended to get warrants
for the good behaviour against, persona, tkat
there were none such.
X. C. J. Well, and whet then i
Bcdlow. This was the week before theSator^
day that he was killed ; and I was there every
day but Saturday : On the Friday I went ta the
Greyhound tavern, and I sent my boy to see if
sir E. Godfrey were at home : sir E. Godfrey
was not at home then.
•X. C. X When was that ?
Bedlow. The very day before he wea kitted?
If he had been at liome, I would have goee
over to him, and would hare desired him to g*>
over to> them.
X. C. J. Were the priests there ?
Bedlow, Yes, my lord, there wae Pritciiard,.
and Le .Faire, and Welsh tfud Kaines, and
another ; five Jesuits : And, as I said, I sent;
my boy to see if he were at home, and hW
brought me word be was net ; and if he bad,
i was to hare gone to him, to have fetched?
him thither, that they might insinuate them-*
selves, iuta his acquaintance : And indeed they
had tongue enough to wheedle themselves nueV
any one's acquaintance : So he not being at-
liome, we came into the city, two of she Je*
suits and I.
Att. Gen. Which two ?
Bedlow. Le Faire and Welsh. The neat;
morning Le Faire came to my chamber, and I
wee not then within ; but by accident, I me*
him, about four of the dock, iivLincolnVIoo-
Fields* We went to the PalsgrareVHead
taveru ; where falling into discourse, he told-
me there was a gentleman there that was to be)
put out of tbe way, that was the phrase her*
used, he did not really say murder him; for
they do not coont it murder,
is. C. J. No, no ; they put it into softer *
terms.
Bedlow. They told me it was to be done*
to-night. I asked who it was ; they said it
was a very material man : For he had all the
informations, that Mr. Gate* and Dr* Tengoe-
had given in ; that several had been empfovedV
in the doing it; that several attempts bad
been made, and that they had missed severer
opportunities, and had not done it till then ;
but if he should not be taken out of tbe way,
and the papers taken from him, tbe business
would be so obstructed, and go near te be die*- -
covered, to that degree, that they would not be
able to bring this design to pass, bat must stmy
till another age before they should effect it.
I asked him again, who it was ; he said tie
would not tell me, but it was a very materiel'
men. I told him, that according to my pro-
mise, I would assist : but in such a ease, T
should need a great many men to be with me,
he being so considerable a person. I asked '
him then, where the money was, that was for*
merly promised ? He told me no worse a man
was engaged in it, than my lord Bellasis, and
Mr. Coleman had order to pay it.
Justice Jtinei. What was the reward ?•
Bedlow. Four thousand pounds.
X. C. X Who was it that first named this
tWl STAR TWALS, $) Chaixes II. IJffftHrV the MufdcrqfStr E. Gbflrej. %\\+&
they thought I had not known him. 1 diked
who it was, they said it wh,» wan that belong-
ed to a person of quality. I «u mightily
struck nnd daunted when I knew him : I woufd
fiii a hate persuaded them to hare tied weighs
at his head nnd feet, and thrown him into tht
river ; and afterwards I would liave dragged
for him* and took him up there. But they dzfl
not think that so safe t No (said they), we will
put it upon himself there are none but friends
concerned. I asked Le Paire bow they should
5*t him out ? They said, in a chair. l*hen I
asked them, which way they would get mat
into tike dhnir, and out of the gate ? They Said
the porter was to sit up to let them out.
Recorder. What porter r
Bediow. The porter of the house
Recorder. Who, Berry I
Bediow. Yes : As for that Hill, or tire ol«L
man, I do not know that I ever had any par-
ticular knowledge of them; but only I looked
upon them as ill designing men, seeing them
in the chapel.
L.C.J. Did you ever see ever a one of tht
three prisoners there at that time ?
Bedlem. No, my lord : But I have such a
remembrance of faces, that I could tell if %
•aw them again, any that I did see there,
though the light was but small. They told me,
They had strangled him ; hut how, I did not
know. When they pressed me to help to carry
him out, I then excused myself, "and said, ft
was too early to carry him out yet ; but about
eleven or twelve o'clock would be a better
time. And I assured them I would comb
ngam. Said Le Fuire to ine, ' Upon the sacra-
ment you took on Thursday, you will be at the
carrying off of this man at night ? I promised
htm I would. And be went uway^ and left tub
there. I made what speed away I coald, for
1 was very unsatisfied in myself; having so
great a charge upon me, ai the sacrament oft he
altar* which, after the discovery of the plot, was
administered to me twice a week to conceal
it. I coald not tell bow to discover it : I went
then to Bristol, but very restless and disturbed
m my mind; and being persuaded by wha$
God was pleased to put into my mind, calling
to remembrance that some murders had seen
already committed* tnd greater ones were
daily intended, I Wat at last convinced and
coald no longer forbear discovery. I wrote to
the secretary of it, and went lb the parliament
and gave in my information. And one day I
met with Mr. Pretence in the lobby, and knew
him, and apprehended him.
Ait. Qih. I will ask Jou one question. Had
you any discourse with Mr. Praunce between
the tinle ydu saw him with the bod£, aba4 the
day he was apprehended ?
Bsdhw. No j t never saw him to this day,
to have any converse with him.
Justice WM> Did not ton see Hill that
night, when you were to have carried him
away?
BddvMD. No, m? lord.
JuricglfitaV Nor Crteb^no¥ Berry?
erwdessan to yon Us be) sir Edmimdbary Goer-
Bedim. They never named him to roe
ataJL
JLC J. Let us know when yon first knew
it to be sir Sdmwmibury Godfrey ?
Bedhw. I parted with him then, but came
not according to my promise. I was to meet
aim at the cloisters at Somerset-house that
tigs*: bat I knew their design was to murder
Dswjcuudy, and I would not come. I taw him
bo snore oil Mowday mgbt ; theu I met him in
Bed- Lion-Court, where be put up his cane to
ass nose, aw who sbousd say, I was to blame in
not keeping my promise. And we weat toge-
ther to the Greyhound tavern in Fleet-street,
where he charged me with my breach of pro-
I tutd mm I was taken up by other
merry* and enless they would tell me who it
I was to kill, I would have no hand in it :
For I eld not know but that h might be my own
particular friend. And I would not morder
any private person, wntesa I knew who it was,
asm for what reason. Well, says lie, we will
td) you more anon if you meet me to-night at
SeuwAseMiouse, at nine o'clock. I did meet
him exactly at that time in the cloisters, where
we walked, and talked a great while. And
then he took me into the middle of tbe courts
anil told me, you have done ill, that you did
not help in ihts business ; bat if yon will help
to carry him off, yon shall hate half the reward.
Why, said I, is he murdered ? Yes, said he.
May I not set) hhn, said i ? Yes, you may, sard
he ; anal so took me by the hand, and led rte
into the room through a dark entry. In the
room were a great many, I cannot tell who
they all were.
Att. Gen. How many were there ?
Bediow. There might stand a great many
behind one another. I saw four or five.
JmtoctJomru What kind of a light bad they,
Mr. Praunce ?
Prtmnee. It was a middle sited lanthoro.
Justice Jesus. Was * a emaH light* er a great
light?
Bediow. It was a small light.
Jaetset Jbnea. Had they no light but that
Bediow. No : Add they did riot open it till
I had had a turn about the room.
L. €. J. Did they diseovrse df carrying hind
Bedhw. Yes, they die.
L. C. J. Dili yoa know liioa, whom he lay
?
Bediow- Yes, your lordsliip shall bear how
sokawwhnu: One tiered to the body ;
off oh* thing that la) upon him, and
it and looked apod hint; and he had got
about bis neck each ft kind of a fashioned cravat
aa this about dry neck ; and I wont to try, and
coald not gdt ay finger in betwitt : So i saw
him, his besom wee sal eeeir> and 1 knew him
prehBttry; for those Jesuits that were there,
were not the** wbw hail esnpioyed me to ibsi-
ume mjself m** *■* we^awMancij and so
168J STATE TRIALS, 31 Charlks JJ. 1679 Trial & Green, Berry, andlW, [1S4
Bedlam. Green I did see about tbe coort,
and Berry, I was told, was to open the gate
that Monday night. But, my lord, when they
found I did not come again, they desisted that
night, and kept it off longer, for fear I should
come again to stop them.
Att. Gen. lie did not refuse to help them,
bat promised to do it, and tidied : And they
finding tliat he had failed them, would not let
the body Ke where it was, for fear of discovery,
hut removed it back again.
Justice Dolben. What did Praunce say,
when you first took notice of biui ?
Bedlow. I understood afterwards that he
"was taken upon suspicion, because at that time
lis maid had made a discovery, that he was
about that time out of his lodgings. And
while he was there in the constable's hands,
Mr. Oates came by, and he desired to see him;
and presently after I came thither, and the
constable asked him, Mr. Praunce, will you
see Mr. Bedlow ? No, he said, he would not :
Then he put his hat over his eyes, that I migbt
not see his nice, and kept it so. The press
keing great, and being desirous to be private
myself; I spoke to the guard to put out all that
had no business there^and they cried out, that
all should avoid the room, but Mr. Bedlow
and hjs friends. And when he was going out
with the rest, be lifted up his hat, to see his
way ; and though before I did not mind him,
yet 1 happened at his passing by me, to cast my
eyes upon his face, and presently knew him, and
cried, Oh 1 pray, sir, sjay; you are one of my
friends that must stay here. And I presently
charged my guards to take charge of him. Saith
the constable, be is my prisoner : Is he so ? said
I; then you have a very good prisoner, and
pray look safe to him. And then when I went
into the House of Lords I made out my charge
against him.
Recorder. Now if tbe prisoners have any
questions to ask Mr. Bedlow, they may have
ire* liberty to do it.
HitL I never saw him before in my life.
X. C J. Do you know any of them ?
Bedlow. I know Mr. Berry and Green very
well.
X. CL J. Pray, Mr. Praunce j was the dark
laothorn at Hill's lodgings, or at the other place;
Praunce. At tbe other place.
JL C. J. .Look you here, Mr. Praunce; they
carried him to Hill's on Saturday night, and be
lay there till Monday night : what time on
l&oodey night, was it that they removed him
into Somerset-House ?
Praunce, I was not there when they did re-
wove him.
X. C.J. Whet time did yon see him there r
Praunce. About nine or ten o'clock.
X. C, J. What time was it that you saw him
there, Mr. Bedlow ?
Bedlow. It was after nine, my Lord.
Praunce. They had then removed him to
Somerset-House, and Mr. Hill asked what they
intended to do with the body ? l*hey said, they
would ctarj i* out that night; hut they did Dot.
But there the dark lanthorn was, and ou Tues-
day night they removed him back again.
Att. Gen. Now, My Lord, if you please, we
shall go on to call some witnesses that were not
present at the murder; for direct evidence, as
to that, came onl) out of the mouth of some
that were concerned in it ; but to corroborate,
by concurrent circumstances, the testimony
which hath been already given. And first we
shall call the constable, to prove that he found
Sir £. Godfrey in the field*, in the same man-
ner which Mr. Praunce says they told him they
left him.
X. C. J. Mr. Attorney, you promised you
would prove, that when these persons were ex*
amined, they did deny before tbe House of
Lords that they knew Praunce.
Ait. Gen. My lord, in that we were mistaken.
I understand now, it was only Berry denied
that he did know Girald.
X. C. J. Why, did yon never know Mr. Gk
raid?
Berry. Never in my life.
X. C. J. Mr. Praunce, have not you seea
Girald with Berry.
Praunce. Yes, I have, but they usually went
by several names.
X. C. J. Did you ever see Girnld in Hill's
company?— Prartnre. Yes, that 1 have.
X. C. J. Was there no centinel set that
Monday night, that Saturday uight, and that
Wednesday night ? *
Praunce. My Lord, I am not certain, I took
notice of none ; if there were any, they were
at Berry's house, and be opened the gate when
we came out with the sedan.
Att. Gen. Mr. Berry, I suppose, could take
order with the centinel, and give them some
entertaiumeut in his own lodge.
Then Mr. Brown the Constable was sworn. ,
Recorder. Pray, in. what posture did you find
sir E. Godfrey ?
Brown. I fnund him my Lord, in a ditch,
with his sword through him, and the end of it
was two hand fulls out of his back.
X. C. J. Was lie bloody ?
Brown. There was no blood at all, there was
no blood in the ditch.
X, C. J. Was the sword sticking in his bod j ?
Brown. Yes, my -Lord, but there was no
blood at all when it was taken out ; they bad
run it into another place, but that happened to
be against a rib, and so it could not go through ;
but theat was no blood there.
Justice Jones. Were there any bruises on his
breast? , .
Brown. He did look black about the breast.
Att. Gen. My Lord, I would ask whether
his neck were broken ?
Brown. Yes I suppose it was. *
X. C X How do you know it ?
Brown. It waa very weak, and one might
turn his bead from one shoulder to the other*
L. C. J. Where was bis stick and glovet*
Brown.- They were on tbe bank-side*
JL C. J. Whose iwoutwastfi
16S] STATE 1WA1A SI Chailbs II. HI79*-/«r the Murder fSrIL Gsnfky. [***
ts said it was hit own.
Hm
Att. Gesu Pray, had he any money in his
Ycs{ a great deal of gold and silver.
L & J, Ay, ay, for they count theft tin but
Wskni $her left that, to let men thiok
fcnanderedMatieaf.
L C. J. Well, wiQ yooaak this witoessany
qieaioes before be goes?
Ctet Rtchardson. They say they will ask
hmabne.
Att. Gen. Then we desire to call the chirur-
poss that ? iewed and opened the body, Mr.
SUbrd, and Mr. Cambridge. Both whom
Att. Gem. We begin with Mr. Skillard:
ftsy, sir, iaformaoy Laid and the Jury, did yon
a* the body of sir £. Godfrey ?
SkilLrd. Yes, I did view the body.
Ait. Gen. When ? What time did you see it ?
SkUUrd. About twelve of the clock.
Att. Gen. What day of the week was it ?
SkiUsrd. On Friday, the next day after be
wisfoQod.
AlL Gen. Did you observe bis breast ? How
wait
ShlUrd. His breast was all beaten with
•one obtuse weapon, either with the feet, or
bss\ or somet hing.
Att. Gen. Did you observe his neck ?
Skillard. Yes ; it was distorted.
Ait. Gen. How far ?
SkUUrd. You might have taken the chin, and
km set it upon either shoulder.
Att. Gen. Did you observe tbe wound ?
Sktilard. Yes, I did : it went in at one place
ud Hopped at a rib, the other plaee it was
ssite through the body r
Alt. Gen. Do you think be was killed by
tint wound?
SUUard. No; for then there would have
beta tome evacuation of blood, which there
*v sot And besides, his bosom was open,
tod he had a flannel waistcoat «nd a shirt on ;
ud neither those, nor any of his clothes were
P»su«ed.
AtL Gen. Bat are yon sore 'his neck had
»» broken ?
&*llard. Yes, I am sure.
Att. Gen. Because some have been of opt-
^thtthe hanged himself 7 and his relations,
toaavw sua estate, run him through; I would
^Mtoasktecharttrfeon what he thinks of it.
JwlW. There was more done to his neck
tJ»*w ordinary sutibcation; the wound went
J«*sgh hm »ary heart, and there would. have
■Ppasuii tome blood, it* it had been done
Wlj after his death.
Ak. Gen, Did it appear bv the View of the
■*£> that he was strangled or hanged ?
Sfcuwrd. He was a lean man, 'and his mus-
ncs, if he had died of the wound, would have
tea Ungjd: And then again, all strangled
gople never swell, because there is a suddea
Jpmatipn of all the spirits, and a Hindering of
•1 escalation of the blood.
Att. Gen. How long do yon believe he
might be dead before you saw him?
Skillard. I believe fear or five days* And
they might have kepc.him a week, and he never
swelled at all, being a lean mao. And when
we ripped him up, he began for to petrify; we
made two incisions to give it vent, and ihe< li-
quor that was iu his body did a little smell.
The very lean hesli was so near turned into pa*
trefaetion, that it stuck to tbe instrument when
we cut it.
Recorder. My lord, here is another chirur*
geou, Mr. Cambridge. Fray, sir, are you sworu ?
Cambridge. Yes, I am.
Recorder. When did you see the body of
sir £. Godfrey ?
Cambridge. Upon Friday, tbe very sasae
day the geutteman did. 1 round his neck dis-
located, and his breast very much beaten -and
bruised. And. I found two punctures under. bis
left pap, the one went against the rib, and the
other quite through the body under the left pap.
Att. Oen. Do you believe that wound was
the occasion of his death?
Cambridge. No; I believe it was given
him after his death.
L. C. J. And bis neck was broke ?
Cambridge. His neck was dislocated, sir..
Att. Gen. Why, that is broken. Now my
lord, we shall call wr £. Godfrey's maid, Elian*
beth Curtis. Swear tier. Which was done •
Recorder. Your lordship knows, that Mr:
Praunce did say in tbe beginning, that they had
been several times at his house, enquiring for
him : Now we call this person to tell you what
she knows about that. f
Att. Gen. Elizabeth Curtis, look upon the
prisoners, and tell my lord and the Jury whe-
ther you know any of tbein or no.
Eliz. Curtis. This man that I now heat
called Green, my lord, was at my master's
about a fortnight before be died.
L. C.J. What to dor
Eliz. Curtis. I do not know, bnt he asked
for sir £. Godfrey.
X. C. J. What time of the day was it?
Eli*. Curtis. It was in the morning.
Att. Gen. What did he say ?
Eliz. Curtis. Fie asked for sir £. Godfrey,
and wlien be cuoie to him, he said, Good mor-
row, sir, in English, and afterwards spoke to
him in (French-, I could not understand him.
Recorder. I desire she may consider well ;
look upon him.
Elix. Curtis. That is the man.
Green. Upon my soul, I never saw him ia
all my life.
Elix. Curtit. He had a dark coloured peri-
wig wben.be was there, and was about a quarter
of an hour talking with my master. ' .
Att. Gen. Are yon sure this was tbe manf
Eliz. Curtis. Yes, I am ; and that other
man, Hill, was there that Saturday morning, and
did speak with him before he went out.
L. C.J. That you will deny too?
EilL Yes, I do.
X. C. /. kHow do you know he was there ?
W) STATE TRttiS, »# Ca**fc» 1L 1679.^rr^^Ofww»Jbrty,«BtJfi» (13*
• £#& Curtis, 1 was in the parlour at chat
time, making up the fire.
, X. C. J. Had you ever seen Urn before tbnt
time?
> JE/i*. Ci<r(t«. No, never before that time. I
went into the parlour lo carry my master's
breakfast, and brought a bunch of keys with
me iay end there Hill was with him. And I
went tap stairs about some business, and came
down again, wanting the keys, which I had left
upon the table, and Ilill was all that time with
my master.
Sol. Gen. How do you know he was there ?
• Eiiz. Curtis. I was in the parloor, and stir-
red up the fire, and he was there a good while.
Justice Jones. How long after did you see
fetmaitaiu?
Eiiz Curtis. Not till I aaw htm in Newgate.
Justice Jones. How long was that afterwards ?
Eiiz. Cur fa. A month ago.: But it is not
the man tbat brought the note to my master.
Att. Gen. What note ?
v Eiiz. Curtis. A note that a man brought to
my master that night before.
Att. Gen. What is become of that note ?
Eiiz. Curtis. My lord, I cannot t^H, my
master had it.
Att. Gen. Pr'ythee tell us the story of it.
Eiiz. Curtis. There was a man came to my
master's house, and asked if sir £. Godfrey were
within. He said he had a letter for him ; and
shewed it me ; it was tied up in a knot. I told
htm my master was within, but busy ; but, said
I, if you please, I will carry it in to him. He
did so, and I gave it to my master ; when I
went out again, the man stayed and asked for
•a answer : I went in again, and told my mas-
ter, that the roan required an answer. Pr'y-
thee, said he, tell' him, I don't know what to
make of it.
. Justice Wild. When was that ?
EUz. Curtis. On Friday night.
Justice Wild. When r The Friday night be-
fore he was murdered ?
Eiiz. Curtis. Yes.
Att. Gen. But you swear, that Hill was there
the Saturday morning.
Eiiz. Curtis. Yes, he was. >
Sol. Gen. In what clothes was her then ?
Eiiz. Curtis. The same clothes that lie hath
now.-
Justice Wild. Are you sure they are the
same clothes? Elis. Curtis. Yes.
Sol. Gen. Here is a great circumstance, my
lord. I asked her what clQtbes he was is, when
hie came to sir B. Godfrey's r and she saith the
same that he hath now.
L. C. J. Have you ever shifted your clothes?
. Bill. No, indeed, I have not.
Eiiz. Curtis. But for the man tbat brought
the note, I cannot swear it is he.
MM* But she did say, when she came to
tee me in Newgate, that she never saw me m
my life; and, my lord, I hope I have sufficient
witnesses to prove where I was that. morning.
JL C. J. She says, she cannot sweat you
Welt the man that brought the tote*
Hill. &fy lard, I desire ehe will Veil mt about
what time u was I was there.
EUz. Curtis. It was about 9 or lOa'dbelr.
Alt. Gtn. That agrees with Mr. Prorate's
exactly in point of tune. Now, if your lordship
please, we will proceed, and call Mr. lanoelfot
Stringer* and Mr. Vincent* •
Recorder. My lord, we do call these wk*.
uesjses to prove, tbat these men had meetings
with Mr. Praunce at the Plow.
Then was Jjancellot Stringet sworn.
Recorder. Pray tell my lord and the jury,
wire t her you know Mr. Praunce*
L. Sinnger. Yes, sir, 1 do.
Recorder. Have you seen him at the Plow?
at any time f— L. Stringer. Yes, sir, I have.
Recorder* In what company there ? Was
Mr. Green there?
L. Stringer. Yes, he was.
Recorder. Which was he? [He points to
him.]
Recorder. And who else ?
L. Stringer. There was tbat Hill*
Att. Gen. How often ?
JL Stringer. Several times.
L. C. J. How long before sir £. Godfrey
was murdered?
L. Stringer. I cannot tell, my lord.
X. C. J. Do you remember any other eon
panv was with him ?
L. Stringer. Yea, there were several other
company.
Recorder. Name them.
L. Stringer. There was Mr. Fitz-Giffakl an<J
Mr. Hill.
Att. Gen. And yet Hill saith, he never saw
Girakl.
L. Stringer. And there was Kelly, he was
another of them, and Praunce.
L. C. J. Did you know Vernatt ?
L. Stringer. Yes, my Lord.
L. C* J. How now> What say you to it, Mr.
Hill, and Mr. Green ? Were you never at the
Plow, drinking with Mr. Praunce ?
Hill* Yes, my Lord, several times*
L. C. J. What say you, Mr. Green ?
Green. I have drank with htm there.
L. C. J. Do you know Girald ?
Hill. I know one Girald.
Sol. Gen. Now will your lordship please to
let me prove, that at the council he owned fa*
knew Girald and Kelly, and bow it is proved h#
hath been in Kelly's company, he says be does
not know Girald.
Hill. My lord, That was a mistake, ssr I dm
know Kelly by light; tbat is, I knew two mem
that- used the" chapel very much, and he wasejM
of them.
L. C. J. But you, witnesses, say you have
seen Girald and them together ?
L. Stringer. Yet, I have.
L. C. J. How many times ?
JL. Stringer. I cannot tell how maaj, mty
lord; several times.
L. €. J. Haw you sees them twite **>
gather?
Iff] SIATmTmA13> 51 ChajusssH. M9~Md*iM*der'tfSbM. Gotfuy. [1«0
JL Strmgtr. Yes, I have.
ifcrorrfrr. Now to settle it, I would e«k him,
•iib yea* lordship's favour, when be came to
live with his master. You, young man, when
did jou come to* lire with jour master at the
*owr
JL Slrimgcr. Why, I hare been with him
Recorder. But when was it you came last to
Eve at the Plow ?
JL Stringer. In- Bartholomew-tide last.
Recorder. Ik was but five weeks before Sir
Bdsrandhury* Godfrey was murdered.
JL C. J. Do you, Green, know Mr. Girald ?
Green. Yes, I do.
Rreirder. Theo pray swear Mr. Vincent.
Which was done.
Recorder. Come, pray fir, do you live at the
Vmeemt. Yes, Sir, I do.
Jfrwifej . Then prny, db» you telf my lord
sad the jury, if you know any of the prisoners
at the bar, and which of them.
Vincent. I know Mr, Green.
Recorder. Do you know any body else ?
Vincent* Yes, I' know Hill, and I know
Berry.
Recorder. Have you seen these persons at
yser bowse?
Vincent. Yes, I hare.
L. €.7. With whom?
Vincent. I can't tell every body with whom
i. C. J. Were they there with Praunce?'
Vincent. Yet, Sir.
JL C. J. Did you know one Girald ?
Fhteent. Yes, Sir.
JL C. J. Hath he been at your home?
Vincent. Yes, Sir, he hath.
L.C.J. Who was with him?
Vincent. I can't tell justly.
JL C. J. Did you know Kelly f
Vincent. Yea, I did.
' JLC-J. Hath he been there ?
Vincent. Yes, he hath.
JL C J". In what company ?
Vincent. With Praouce.
JL C. J. And with any of the prisoners ?
f. Yes, bnt I' can't tell particularly
Ait. Gen. Now, my lord, as these were
Biffing before the fact was committed, to con-
fHsrhotr to do it ; so we at the beginning told
vo« of • meeting after it was done, and that
m\ ww» at Bow. We shall therefore call some
witnesses as to that*; and they are Richard
Cary»md William Evans. First swear Richard
€arvv Which' was done.
Recorder. Do yoo remember you were
seat of a message from the Queen's-Head
at Bow, and whithett Pray tell my lord and
die Jury.
Cmry. I remember it very well ; there were
fttee gendeniea that sent for me to the Queen's
Bead, and I being sent for did come ; and
I came tip stairs, they asked me if I
Poplar; I sand, T knew ic very welt.'
Then they asked me, if I knew Mr. Dethkk %
\ told them I thought I did. Then said
they you must carry this letter to 'George
Dethick, esq. at Poplar, and deliver it to
hit own hands, and to nobody else: Ac*
cordingly away I went and carried the tetter;
I went to the door, and asked if he were with-
in ; bis roan said he was above stairs, but they
would call him to me ; nnd calling him to me,
Sir, said I, there are some gentlemen at the
Queen's- head at Bow, that have sent me with
a letter to you. So he looked upon the lei tier,
and, saith he, go and lelr them I will be with
them presently. So, may it please you, my lord,
I came again, and w hen T came, the gentlemen
were tliere still. Well, said they, go and
drink a glass of claret, which stood upon the
table, and they gave me six-pence, and I went
away.
Recorder. Prav loofc upon Mr. Praunce;
can you remember whether that man was
there ?
Cary. There were three of them, and he looks
like one.
Recorder. Mr. Prannce, do you remember
this was the man you sent ?
Prow nee. Yes, my lord, this was the same
man that was 6ent.
L. C. J. Well, call the other.
Then William Evans, the boy of the house at
the Queen's- head, was sworn.
Recorder. Hark you, do you remember any
company that was at your master's house two*
or three months agone?
W. Evans. Yes, I do. f
Recorder. Do you remember that you heard]
them talk any thing there ?
W: Evans. They pufl'd out a paper, and
read it.
L. C. J. You hoy, do you know Mr.} Die-
thick ?
W. Evans. Yes, I do.
L. C. J. Was he there f •
W. Evans. He did come to rhero, my lord.
Recorder. What had they to dinner there ?
W. Evans. They had flounders.
Recorder. Who bought them?
W. Evans. One afthera, I can't tell who.
Recorder. What had they else?
W. Evans. A barrel of oysters?
Recorder. Pray give my* Lord ah account
what you observed and heard.
, W. Evans. Sir, I know nothing but that they
pulled out a paper and read it, and nam erf
sir £. Godfrey's name. And while 1 was at the'
door, somebody threatened to kick me dovVa
stairs.
L. C. J. He saith just as Mr. Praunce said*
in every particular.
Alt. Geri. Now iflt please your lordship, we
desire to call sir Robert 'Southwell, 'to prove
what Mr. Praunce said before the council^
and how particular he was ; and did,, to some*
of the Lords who were sent with hied to So-
merset-house, point out the places,
JSol.' Gen.' We 'call" him to shew, .that* when
191] STATE TRIALS, 31 Cuaulb* II. l079^TriaI<tf>Grtx*,BetTytGkdW[ltt
Praunce was examined, before the king, he wm
. sent with- some of the Lords, and sir Robert
Southwell, to Somerset- House, where he pointed
with his finger, and shewed the. places where
all was done ; so we shall shew your lord-
ship and the jury, how exact he was in every
tiling.
Then Sir Robert Southwell was sworn.
Recorder. Pray, Sir Robert, will you tell your
knowledge ?
Sir JR. Southwell. My Lord I was upon the
24tb of December waiting upon his majesty
in council, aud Mr. Praunce was sent for, to
speak his knowledge concerning this murder,
and be then gave a general account of things,
which, because it did relate to that bench, and
this corner, and that room, and that passage
and that gallery, it was not understood by the
- board, and (hereupon his majesty thought fit to
appoint my lord duke of Monmouth, and ihe
earl of Ossory, and Mr. Vice-Chamberlain to
the queen, to go thither, and take the exami-
nation upon the place, and report it to the
board : and I, being clerk of the council, though
not in waiting at that time, aud having taken
notice of what Mr. Praunce had there deposed,
I did wait upon those Lords, and took the ex-
amination upon the place. And what I did
take upon the place, This was done here, and
that there, I drew up into a Teport, and the
report is signed by those two noble lords, and
was read that afternoon at the board ; and to
that I refer myself.
Att. Gen. rray, Sir Robert, Did he shew
the particular places to those Lords.
Sir JR. SauthweU. Yes, he did. First, the
bench whereon (hey were sitting when sir £.
Godfrey was coming down ; then the corner
into which they drew him when they had
strangled him ; then the place where one Berry
Trent to stay, which was at the stairs that lead
to the upper court ; then a little door at the
♦end of the stables, which led up a pair of stairs,
and at the bead of the stairs a long dark entry,
and at the top of those stairs, a door on the
left hand, which being opened, shewed us
eight steps, which lead up to the lodging* that
were Mr. Godwin's ; in which Hill was said to be
inhabitant for seven years before. A nd as soon
as we were pone two steps, there was a little
closet or cabinet en the right hand, in which
there was a bed, and there be shewed my
Lords, This is the place where we handed him
up first, and here we left him, said he, in the
care of Hill for two nights.
Just. Wild. You were there, Sir Robert,
upon the place, when he shewed them these
things?
Sir JR. Southwell. Yes, Sir, I was there.
Just. WUd. Was it answerable to what he
had declared to the king and council ?
Sir R. Southwell. Yes, it was answerable
to all things he had said in the morning.
Just. Jones. And suitable to what he says
now?
Sir R. Southwell. Ye*, suitable to what he
says now, but only now he says more (tar hi
said then. And as to what be says about the
chambers of sir John Arundel, the? eookl sot
be sir John's lodgings, for they were not capable
of receiving a person of that ouality.
Praunce. I said, I did believe they did be*
long to sir John Aiundel.
L. C. J. They were lodgings, perhaps, that
belonged to his servants, though not to him.
. Att. Gen. Sir Robert, I desire to know,
whether Mr. Praunce, when he shewed these
places, and made these descriptions, did he
do it with any hesitancy, or did lie do it
readily ?
Sir Robert Southwell. Hitherto, my lord, he
went directly and positively, as if any body
should walk to Westminster- hall door, fiut af-
terwards, when the lords did desire to know
whither the body was carried, he said, it was)
into some room of the boose by the garden ; for
this is an outer part of the noose, which any
body may do any thing in, without their know*
ledge that are within. And he undertook to
lead them to the,place as well as be could; and
so away^we went through the long dark entry
that leads into the outer court of the great
bouse; and crossing the quadrangle, be leads
us to the Piazza, and down a pair of stairs, and
so far, said he, I am sure I went; then, as sooa
as we were down stairs, there is a great square
court, then he began to stagger, as if be did not
know his way; but there was no way but to go
on, however, and on he went, and coming cross
the court, we came into several rooms ; and
going through them we came up stairs agaio,
and so into several other rooms again. Sure,
said he, we were here, but I can't tell, and he
was in a distraction what room he saw the
body in ; out, said he, thus far I am certain ]
am right ; which was according to the paper
and I refer myself to that.
Justice Wild. But you say, that what hi
had said to the lords in the council, wee th<
same that he said when you were by upon Uk
place? Sir Robert Southwell. Yes.
L. C. J. His doubtfulness of the room doe
assert and give credit to his testimony, and cot
firms it to any honest man in England. Hen
saith he, I will not be positive, but having swor
the other things which be well remembered, p<
siuvery, he- is made the more credible for b
doubtfulness of a thing which he does not n
member, which a man that could swear ai
thiog would not stick ar.
Justice Jones. Besides, he was not there V
by night, and all the light he had was a da
huithorn.
Sol. Gen. 'Now, sir Robert, I would ask yt
one question, if you please. Do you remensb
that Hill was examined at the council about tl
matter ?
Sir Robert Southwell. My lord, these are t
notes that I took upon these men's exacnii
tions, if your lordship pleases they oiay be ce:
Recorder. Sir Robert, we asjc you but as
one particular thing, therefore if you please
look tipen It, and refresh your memory, you a
MS] STATE TRIALS. 41 Ctuauftll. I679.-^ir«* Mw&rqfSirE. Gojfa. (life
lo yejiiaelf» and tell in only the sub-
Which be did.
SoL (3«l Now, sir,, if yon please, do 700
remember that Hill waa there?
Sir Robert SovtkmtU. Yes, I find be was
CSMMSfd.
Sol. Gen. Did Mt he deny there that be
knew Kelly, but that be knew Girald r
Sv ibeer* &***«*& Yea, I do find it here
set down, that be did deny he knew Kelly, bat
that He knew Girald.
MM. I amid I knew one Girald, but not
that.
Recorder. Bet before the council he aaid he
knew Girald, not one Girald.
. JL C J. This way of answering is like the
exaaWaaUott that was taken lately amonast
some of them. A person was asked when he
saw such * priest i He denied that he bad seen
him in fourteen days. But then comes one and
proves to hie meet that he was with him in com-
pany ail ajgbt, within a week and less. Ay,
saye fat, thai is true; bat I said I had- not seen
faun in fourteen days. And so they may take
oaths to serve the king faithfully all the days of
their lives, but in the' nights they may murder
him, and keep their oaths for all that.
Justice Do&en. I would know, whether the
Girald yoo know be a priest or no ?
Hill. He is not.
Justice Lhdben. Then yon do not know Gi-
rald the prieat»-~tftf. No I do not.
Recorder. Call Mr. Thomas Stringer. And
he was sworn.
Recorder. Pray, Mr. Stringer, will you tell
my Lord and the jury what it was that Mr.
Berry said about any directions he had to keep
all persons out of Somerset-house, about the
ISCb or 14th of October last ?
T. Stringer . My Lord, Upon bis examination
before the Lords of the committee, Berry did
say be bod orders from the queen, or in the
name of the queen, that he should suffer no
streamers nor any persons of quality to come
into Somerset-howse.
Att. Gen. When wan it be wee to beep them
orn? •
T. Stringer. The 13th, lStfi and 14th of Oct.
last.
Att. Gem. What, three days ?
T. Stringer. Two or three days. And he
said that the evince did come and be did re-
fuse him, and sent him beck again.
Recorder. Did he say he ever had any such
direction* before ? *
T. Strmgmr. Jffo: He said be never before
had any.
lt4X J. If wa»n<very unlucky thing itat he
had it then.
Bsrry. Ite prince might have gone in if be
would.
T.Shingor. T*n mid yon did refuse him,
yoo had order to let none come in.
LC.J. Had jrow new •«•* order ?
Berry. Yes my Lord, I had socman enter
fan the onewirw fetallfwn-iawef.
VOL, TH.
Berry. Yes, I hare had before, since the
queen came to Somerset-house.
X. C. /. Mr. Stringer swears you said yoe>
had aot any before.
Berry. Yes I bad.
L. C.J. Why did you deny it then ?
Berry. I did not deny it; besides, there
were several went in.
Recorder. We have proved, indeed, five or
sis did go in.
X. C. J. For how many days had yee that
order ? — Berry. Two day*.
X. C. J. Which two days ?
Berry. The XUh and 12 tb, I think therea-
bouts.
Recorder. Did yoo say before the Lords,
that you never had such orders before ?
Berry. No, I did not.
X. C. J. Mr. Berry, When you were exami-
ned before the lords, did you no u say jou never
had such orders before ?
Berry. No, I did not say so, my lotd, as I
know of; for they did not examine me about that*
X. CJ. Yoo said you would prove it under
his own band. Prove that.
Att. Gen. Mr. Stringer, did he write hie
name . to his examination ?
T. Stringer. Yes, he did to one examination*
Att. Gen. Pray look upon that ; is that his
band ?
T. Stringer. This was read to him before be
signed it, and then he did sign it.
Att. Gtn. I would foin shew it to him, to see
whether he would own it or no.
Berry. Yes, that is my hand.
Then the Clerk of the Crown read it.
CL of Cr. This is subscribed by Henry
Berry. " The Information of Henry Berry,
porter • at the gate of Somerset-house ; taken
before the right honjthe Marquis o? Winchester :
This deponent seith, that about the 18th, 13th
and 14tb of October last, he had order to test
all persons of quality, that the queen was pri*
vale, and that they were not to come m : aed
this deponent saitb, the queen continued so pri-
tare for two days/'
X. C. J. Where is that part of the examina-
tion wherein he said, be never had any such
order before?
T. Stringer. He did say so, bat it is net in
that that hath his hand to it.
Justice Wiid. Pray, my lord, observe this it*
kind of reflecting evidence, and I would have
no more made.of it than the tiling witt heat.
X. C. J. They only bring it, and make eta
of it against Berry as a presence of hie.
Justice Wild. Bat it is a very rejecting evi-
dence.
Att. Gen* Surely there is no body here that
offers it as such : We use it only to this pur-
pose, to shew that Berry, who was a party to
ems mswder,.did use alt the means that he could
to keep it private ; and endeavoured to pre-
vent siiwaara coming in that night ta discover
it ; and thereto* pretended these ordefrsv— If
he had ejrysuobotctas,! suppceehe
194] STATE TRIALS, 31 Cham.es II. 1 619.— Trial qf Green, Berry, tmd MM, [196
them, we do not say be had them ; hot it is a
great evidence* when he pretended to such
privacy, that he and his fellows had something
to do that was not fit to be known by every
body.
Recorder. He may make ose of any body's
name, and pretend "what he will ; bat I sup-
pose he will prove it from the gentleman- usher
if it he true.
Alt. Gen. We have one witness more to
call, my lord, and that is one Fair. Call Ste-
phen Farr. Which was done, and he sworn.
Alt. Gen. He is a neighbour to Berry, and
will give your lordship an account what appli-
cations have been mode to him, to tamper
with him for money, to keep away, and not
give evidence in this cause. Pray, sir, are you
Mr. Berry's neighbour ?
Farr. Yes, Sir, I am.
Alt. Gen. Pray then tell what you know.
Farr. I know him very well, his wife' hath
been with me last week, and asked me if I
knew what time be was withine on Wednesday
the 16th of October. I desired time to recol-
lect myself,: and she called four or five times
after, and I did recollect my memory and told
her, that I was not with him all that Wednes-
day.
X. C J. Why, this was reasonable, and fair
enough to do.
Att. Gen. It was so, my lord ; but pray had
you no money offered you ?
Farr. No, Sir, none at all ; and 1 told her I
could not remember that I was with bim that
day.
Perry. But you may remember it very well
when I came from the queen I came to you.
Farr. My Lord, I was out of town that Wed-
nesday, from two o'clock in the afternoon till
nine at night.
X. C. J. Well, well, this is nothing : the
woman was willing, if she could, to havecoun-
terproved the evidence, and what she did was
lair ; she offered no money, nor did it in an in-
direct way.
Alt. Gen. WLy lord, we have now done with
our evidence foV the king, and leaye it till we
hoar what they say.
X. C. J. What do you say for yourselves ?
you shall have all the free liberty you will desire.
Hill. In the first place, I take God to be my
witness, that I am wholly innocent, as to.lbe
matter that is charged upon ma : and as to
what is said that I dogged sir E. Godfrey, I
can prove thai I went into my lodging at eight
o'clock, and did not stir out.
L.C. J. Come, call your witnesses*
Hill. Mary Tildenk Catharine l«ee, Mrs.
Broadstreet; aud Daniel Gray.
X. C.J. Let them come in there.
Then Mary Ttlden was first examined.
Att. Gen. This is Dr. Godwin's niece, and
his housekeeper.
X. C. J. Well what do you ask her f
• Hill. I desire to know what you can say
aboutoy being in my lodging, and not going out.
Mary Tilden. He bath lived in our family T
or 8 years.
X. C. J. Your family, what is your family ?
Mary Tilden. With my uncle.
X. V. J. Who is your un
your uncle ?
Mary Tilden. Dr. Godwin : we left him in
the bouse always, when we were absent from
it ; he was always a trusty servaut, never kept
ill hours, always came home by eight o'clock
at night.
Justice Dolben. Alway ! for bow long f
Mary Tilden. Ever smce we came over last
in 10 England.
Justice Dolben. When was that?
Mary Tilden. In April last.
X. C. J. Were you there that night sir £.
Godfrey was killed I— Mary Tilden. I was.
L.C.J. What night was that ?
Mary Tilden. I do not know, my lord, I
heard of it in the town.
X. C. J. When did you first hear of it t •
Mary Tilden. The Thursday that he was found.
X. C. J. Did you not hear of it on the Wed-
nesday ?
Mary Tilden. Yes I did.
X. C.J. Who could tell you the Wednesday
before ?
Mary Tilden. Why, my lord, in the town it
was said he was missing from Saturday, and n
Thursday be was found.
X. C. J. What can you say concerning Hill,
that he was not out after eight o'clock tbao
night? ,
Mary Tilden. He was a very good servant to
my uncle, and never kept ill hours, but always
came in by eight o'clock, or before.
Justice Dolben. Were you not oat yourself
that night ?
Mary Ttlden. No not I, never oat after that
hour.
X. C. T. Pray how can you give such an no-
count of Mr. Hill, as if he was always in yoor
company ?
Mary Tilden. He came in to wait at table,
and did not stir out afterwards.
X. C. J. Pray, what religion are you of } nre
ydu a papist ?
Mary Tilden. I know' not whether I came
here to make a profession of ray faith.
X. C. J. Are you a Roman Catholic ?
Mary TUden! Yes.
X. C. J. Have you a dispensation to eat sup-
pers on Saturday nights ?
Recorder. 1 hope you did not keep him com-
pany, after supper, all night.
Mary 'Tilden. No, I did not, but he came in
to wait at table at supper.
X. C. J. I thought you had kept fating on
Saturday nights.
Mary Tilden. No, my lord/ not on Saturday
nights.
Justice Jona. How many dishes of meat had
you to supper ?
Mary Tilden. We had no meat, though we
did not fast.
X. C. X Can you speak positively as to this
night, the Saturday that he was killed ?
9
W7J STATE TOIALS, SI Chatu.es II. 1079.-; for the Murder of Sir E. Gojfrty. [193
J. Praunce, bow inany keys were
Jfarjr Tilde*. He was- at home that night.
2* C. J. Aod where was he the Sunday ?
JWory Tilden. He was at home.
L.C. J. And yen are sure he was at home
ever? night ?
Jim Tilde*. Yea, while we were in town.
. L. C. J. Where was you all that Wednesday
night you speak of?
■ Mary Tilde*. I was at home in my lodging.
Justice Wild. How it is possible for you to
say, that Hill, who was not yoor constant com-
panion, did not go but afterwards ?
Mary Hide*. No, be was not my constant
companion.
Justice Wild, How then can you charge
your memory that be was at home ?
L. C. J. Come, yon are to speak truth, though
yea are not upon yoor oath. Can yon charge
year memory to say that he came in constantly
at eight o'clock at night ?
Mary Tilde*. Yes; I can, because I saw
him come in constantly; and when he came
in, I always sent my maid to bar the door.
L. C. J. Maid, can you say he was always at
home at night?
Mary TUde*. I can say he never was abroad
after eight at night.
Recorder. Why, you did not watch him till
he went to bed, did you ?
Mary Tilde*, We were always up till eleven
o'clock at night.
Alt. Gen. Was be in your company all that
wbde ?
Mary Tilde*. I beg your pardon : if your
lordship saw the lodgings you would say it
were impossible for any to go in or out, but
that they most know it within/. We were con-
stant in our boors of going to supper; our doors
never opened after he came in to wait at
L. C. J. You may say any thing to a heretic,
lor a papist.
Justice Dolben. This is a mighty improbable
Justice Wild. Where was he a Wednesday
night? — Maty Tilde*. At home.
L. C. J. T*bey have a general answer for all
Jones. Who kept the key of your
ledcm*??
Maty lUdetu The maid. ~
Justice Jones. Hath Hill never kept the key ?
Mary Tilden. No, my lord, the maidl
Justice Jones. How do you know but that
the maid might let him out ?
Frannce. My lord, Mrs. Broadstreet said at
first these was but one key; but before the
duke of Monmouth she said there were sii or
key*.
JL C. J. Look you what tricks you put upon
\ to bUod us : you come and tell us that he
every night at home by eight o'clock, and
did not stir oat, lor there was but one lock,
and the maid kept the key.; and yet there were
three or four keys to it.
Mm Hide*. There was but one key to that
which kept the door fast.
L. C.
there?
Frounce. Slie confessed there were four or ,
five.
Justice Wild. What time wj» it that you
carried him out of Somerset-House on Wednes-
day night ?
Frounce. Jt was about ten or eleveu. 11 ill
went to letch the horse.
Mpry Tilden. We had never been out of
our lodgings after eight o'clock, *ince we came
to town.
Justice Jones. When were you out of town ?
Mary Tilden. In October.
Justice Dolien. Nay, now mistress, you have
spoiled all ; for in October this business was
done.
Justice Jones. You have undone the man,
instead of saving him.
Mary Tilden. Why, my lord, I only mistook
the month.
L. C. J. You woman [speaking to Mrs.
Broadstreet], what month was it you were out
of town?
Broadstreet. In September.
I*. C. J. It is apparent you consider not
what you say, or you come hitlier to say any
thiug will serve the turn,
Mary Tilden. No, I do not, for I was out of
town in September, came to town the latter
end of September.
L. C. J. You must remember what you said,
that you came to England in April lsst,-a»4
from that time he was always within at eight
o'clock at night.
Mary Tilden. Except that time we were but
of town, which was in September, the summer*
time. And it is impossible but if the body
was in the bouse, as Prauuce said it was, but
I must see biro, or some of us must I used
to go cverv day into that little room for some-
thing or other, and I must needs see him if he
were there.
L. C. J. You told me just now you were
not upon confession ; and 1 teH you now so,
you are not.
Then Mrs. Broadstreet was examined.
Justice Jones. Well, woman, what say yon f
Broadstreet. We came to town upon a
Monday, Michaelmas day was the Sunday fol-
lowing ; and from that time neither he nor the
maid used to be abroad after eight o'clock :
we kept very good hours, and he always waited
at supper, and never went abroad after he came
in to wait at supper : and the lodging was so
little, that nothing could be brought in but
they must know that were within.
L. C. J. This is a sower room than the
chamber, is it not ?
Frounce. It is «*en with the dining-room,
my lord.
JL C. J. What say you, sir Hubert South*
well?
Sir R. Southwell. My lord, it is an extra-
ordinary little place; as soon as you get op
eight tups, there it a little square entry, and
IW] STATE TRIALS, 31Cba«u»IL \679.— Trial tf Often, Berry* and Hill, [200
there is this room on the on* handy and the
dining-room on the other. I think, there is a
pair of stair* to go down at one comer of the
entry, as I think, but the body was laid in a
little sqnare room at the head of the steps.
X. C. J. And must you go into the room to
go to the diniug-room r
Broadstreet. No, it is a distinct room ; but
the key was always in the door, and every
day somebody went into it for something or
another.
X. C. J. VVill you undertake to say it was
always in the door ?
Broadstreet. Yes, it constantly was.
Justice Wild. For my own part, I will not
Judge you : but that his body should be carried
(here about nine o'clock at night a Saturday
night, and' remain there until Monday night,
it is very suspicious, that if you were in the
house, as you say you were, and used to go
into that room every day, you must either hear
it brought in, or see it.
Broa&treet. Bat we did neither, my lord.
Justice Dolben. It is well you are not in-
dicted.
Broadetreet. Mr. Praunce, you know all
these things to be false, Mr. Praunce*
Praunce. I lay nothing to your charge ; but
too said before the duke of Monmouth, that
Hill was gone from his lodgings before that
time.
X. C J. What say you, sir Robert South-
well?
Sir R. Southmett. There arose a little quar-
rel between them, about ihe time that Mr.
Httl did leave those lodging*. Praunce said it
was a fortnight after; Hill said, when he was
upon his examination, that the same Saturday
n?gfat that sir E. Godfrey was missing, he was
treating with his landlord, and from that time,
to the time he went to his new house, it was
about a week or a fortnight.
X C. J. But he did pretend he was gone
before ?
Broadstreet. No, my lord, I did not.
X. C. J. Two witnesses upon oath sware it,
and you said it yourself and gave it under yeur
hand.
Broadstreet. My lord*—
X. C. J. Nay, you wHl not bear, but you
will talk ;'yoo say one thing now, and yon set
another wader your hand.
Ait. Gen* Have you not a brother that is
in the Proclamation, one Broadstreet a priest ?
Broadstreet. I have a brother, whose name
is Broadstreet.
Atii Gen. Is he not a priest, and » the Pro-
clamation ?
Broadstreet. I hope I mast not impeach my
brother here. I said upon my oath, he came
%to town on Monday, and Michaelmas day was
the Sunday following, and Lawrence Hill went
•way a fortnight efter.
Sir JR. Southwell. She swore then, two or
three days after Michaelmas <day.
X. €. /. You mutt know we can understand
you through all your arts. Ic was not
nieat for yon at that time to say, that Mr. Hill
went awav about a fortnight after Michaelmas,
for then the tiling that was charged to be done,
part of it in your house, would have been
within the fortnight, for it was the lftb of Oc-
tober, but then you said only two or three
days.
Sir JR. Southwell. She did say, my lord, that1
about Michaelmas two or thTte or four days
after he went away.
Broadstreet. I beg your pardon, I only said,
I could not tell the time eiactly.
X. C. J. Well, have you any mora to say ?
Mary Tilden. There was never a day but I
went into that room for something or other, and
if any body came to see me, there was so
little space that the footmen were always forced
to be in that room.
Justice Dolben, Were ypo there upon Sun-
day ?
Mary Tilden. Yes, my lord, 1 was.
Justice Dolben. Well, I will say no more ;
call another witness.
Hill. Catharine Lee.
X. C, J. What can you say, maid ?
Lee. My lord, I did uover miss him out of
the house at those hours.
L. G. J. May be you did not look for him.
Lee. I did go down every night to the door,
to see if it were locked, and I went into the
parlour to see that things were safe there.
X. C. J, Yon are a Roman Catholic, sire
you not ?
Lie. Yes, I am.
Justice Dolben. Might not he go out of the
bouse, and you never the wiser?
Lee. Yes, lor I did not watch him conti-
nually.
Capt. Rienarekon. All that she says may he
true by the place. The servants keep down a
pair of stairs in the kitchen, and any ooe may
come in, or go out, having so many keys, anel
they not know it that are below,
Lee. I went into the chamber every mora*
ing, as I went to market.
Justice Wild. Have a care what yon say,
and mind the question I ask yon : were vou
there on the Sunday, in that room where tney
say sir £. Godfrey's body was laid ?
Lee. I cannot say, that I was in that room,
but I called in at the door every day, and I was
the last up every night.
Justice Wild. I will say that for thee, thou
hast spoke with more care than any of them all.
Then Daniel Gray was examined.
X C. J. What can you say ? What questions
do you ask him?
Hill. I desire him to speak what he can any,
where I was those 6ve days that sir £. Godfrey
was miasms!.
Gray. I kept my brother Hill company, from
the 8th of October, tiU he took his house, which
wss about the *tnd or gSrd.
X. C. J, What time did yen use to go to
hedf
Gray. About 9 or lOeVJoek at night;'
901] STATE THiALB, *l€aUtu»H. ItHQ.—flr *k$ Murder (f St & 0«fr& [9Uft
L.C.J. Wlautiroedidaego?
Gtwy. When I did, tut I did not Me him |0
to bed.
JL C. J. Where did you lie?
Grey, At in j own house.
L. & J. Ami veu went heme about 8 or 9
at night to go to bed?
Gray. Yea, I did.
Jen. Josef. You say he look bit house the
8th of October, when did be go thither ?
Grey. Yes, be took bis liouse the 8th of
October, but be did not go thither tilt the one
or two and twentieth.
Just. IUlben. Bet yon cannot tell what he
Ad at night ?
Gray. No, not I.
Jest. IMsm. Bet you were in his oompsny
till 8 or 9 o'clock nt night ?
Grow. Yes, uiy lord, I was.
X. V. J. How far did you lire off of him ?
Gray. About n bow's shoot.
L. C. /. Look too, Mr. Hill, he does yon no
amice at nil, for he says lie left yon about 8 or
9 o'clock at night, and he does not know what
yon did afterwards. Have yon any more ?
BO. Robert How.
JL C. J. Come, what say von?
Hem. My lord, I met with Mr. Hill the 5th
of October, be naked me whither I was going?
I told biro, home. I wish, said be, you would
go a little back with me; I am about taking of
an house, and T would have you view the re-
pain; accordingly we did go, and treated in
the house about an agreement ; for, said he, I
will not Agree with yon (to the landlord) till we
know what must be repaired. On Tuesday
morning we met ngain, abort 8 o'clock.
X. C. J. What day of the month wns that ?
Horn. The 8th. And a Wednesday about
i began to work for him, to repair his
, and we wrought that week every dny,
far 19 days and an half in all, and he was
every day with us, looking after coals, or beer,
or something. On Saturday the 12th of Octo-
ber, we dined together, and parted with him
about 1 or 9 o'clock, and n^ont 9 o'clock I
went back again to my work, and he said he
was going towards Cerent-Garden in St.
James's, but he came back again, and I was
gone first ; I asked my man whether he was
gone, or no; be said, he was there, but did
not stay.
L.C.J. What time wns that?
Hew. A httle before nif ht.
X. C. J. What honr did your man say that
he was there ?
As*. About an honr before they left work.
X. C. J. What timewas that?
How. About four o'clock, I think it was. '
L. C. J. Can yon say where he was that
night?
How. No,Icamiot.
X. C J. What religion are yon of, ere yon
sotaprotestant?
flow. Yes, my ford, I think so.
Recorder. Mjr lord ask* yon, are jon a pro-
T
How. I was never bred up in the protest***,
religion.
Primmer* He is a catholic, my lord, he wan
the queen s carpenter.
Just. Dolben. Nay, now yon spoil alt ; you
must do penance for this; what! deny your
church ?
HilL What time was it on Saturday morn-
ing I was with you?
How. About nine o'clock.
X. C. J. liow long did he stay?
How. From nine to two.
X. C. J. Are you sure it was nine ?
Haw. No man can swear punctually to aw
hour.
X. C. J. What think yon often?
Horn. It was thereabouts.
Recorder, If I am rightly informed by the
clerks, he is outlawed for recusancy.
.L. C.J. U he so ? Pray let us koow that.
Harcourt. (One of the clerks of the Crowns
Office.) My lord, I have made out several
writs against him, for several years 'together,
and could never get nay of them returned.
' Hill. He tells you, that I was with him aroan
nine o'clock on Saturday morning, till one. .
Just. Jones. But that si but as true as he it a
protestant, and how true that is, you know*
Hill. Here is another witness ; Mr. Cutler.
Tho. Cutler. Upon the 13th of October,
Lawrence Hill did come into my boose, about
four or five o'clock in the evening, and he staid
there till between seven or eight, and then his
wife came for him and said some gentlewoman
was ready for her supper, and so he went home ;
and I saw him no more, till the day after he;
was taken.
L. C. J. Look you here, he speaks only
about seven or eight o'clock* Well, have you
'any thing more to say ?
Hilt. There is one Richard Lacinhy.
Ltoinby. My lord, I was with him on Sa-
to rd ay the 19th of October, at the door, about
twelve o'clock.
X. C. J. And you dined with him and How"?
Laxinby. Yes, Sir.
X. C. J. But you did not see htm afterwards ?
Lazinby. Yes, I did see him on Wednesday
night, from fire to seven nt night.
X. C. X What time was he carried out of
Somerset* House ?
Alt. Gen. About eleven or twelve o'clock .
at night.
Lasinby. That is the last time I was with*
him.
X C. J WeH, have you any more ?
Hill. Here is one Mr. ArohboM, my lord.
Archbeld. My lord, I had occasion for ntnjr*
lor, and I came to tms man's house to seek for
one Mr. Gray, that had formerly wrought for
X. C. X When was that?
Arckbold. That was on Monday night And
behaving formerly wrought for me, I found him
at this man's house; so Mr. Gray asked snap
what news? I toid him, very good news j for
Praonce was taken for the murder of air •£.
I
90S} STATS
Godfrey. Says Hill, I am glad of that; I wish
tbey were all taken. 'I came the next day
after, and they told me he was taken oat of his
bed, for the murder of sir £. Godfrey.
X. C. J. Was it that very night that you
came, that he was taken ?
Archbold. Yes, it was.
• L.C.J. Your said he spoke of it before von
at 7 o'clock, and you left him about 9, and he
was taken that night ; what then ?
Hill. Whv, then Ihad time enough to make
my escape, if I had thought myself Guilty.
X. C. J. As no doubt you would, if you bad
thought tbey would have been so nimble with
you.
Archbold. He knew it the day before.
X. C. J. Well, have you any more to say ?
Mrs. Hill. There is Mr. Ravenscroft, my
lord.
JL C. J. What, that Ravenscroft that was
sent away ?
Mrs. Mill. Yes, my lord.
. X. C. J. Then the marshal most send for
him, if he be a witness for the prisoner. In
the mean time, what can you say for yourself,
Mr. Green ?
Green. My lord, I would call my landlord
and bis wife.
JL C. J. What are their names ?
. Green. James Warner, and his wife.
L. C. J. Call in Green's wife, and all her
witnesses.'
{Then Mrs. Hill, the Prisoner's wife, offered
aper to the Court containing Observations
upon the Indictment, which she desired them
to read ; but it was refused, and she bid to give
U her husband.]
Then Jomet Worrier was examined.
X. G. J. What say you to your landlord ?
Green. < I ask him no questions at all, but
deaireJjim to tell what he knows.
Worrier. I will say, that the 19th of Oct.,
hi was at my house, half an. hour after seven,
and he was not out of my house till after ten.
X. €. J. How can you remember that day ?
What day of the week was it ?
Worrier. It was a Saturday.
X. C. J. How do you remember it was so ?
Worrier. I have recollected my memory.
. L.C.J. By what?
Worrier. By my work, and every thing ex-
actf*.
X. C. J. When did you begin to recollect
yourself?— -WVWfF. A pretty while ago.
.X* C.J. How long after sir E. Godfrey was
mojdered ?— Wsrrier. A month after.
X* C. X What made you recollect yourself
a mouth after?
Worrier. Because he was in prison in the
Gatehouse.
JL C J. When waahe taken up ?
Worrier. He was taken up in Somerset-
Bouse* and aot in my house.
4. C. J. But when did you recollect yourself?
f$rrur. When be waijo prison*
41 Charles II. 1679 — Trial tfGretn.Ikhy, and JrKB, [204
X. C. J. But I pray remember the time when
you dio) recollect yourself, and the occasion that
made you recollect yourself when be was
taken up.
Wttrrier. I remember it very well, for be
had been in ' my house but 14 days, before he
was taken up.
Sir Thomas Stringer. lie was not taken up
for the murder of sir £. Godfrey, till the 34th
of December.
Justice Wild. Pray, did you never think of
this till he was in prison ?
Worrier. It was when be was taken up.
X. C. J. But, pray, when you came to re-
collect yourself, how did you come to dolt?
Worrier. 1 recollected it by my work.
X. C. J. But what gave you occasion to re-
collectyoorself since he was in gaol?
Sir Tho. Stringer. My lord, be was put into
gaol for refusing to take the oaihs ; but be was
not at all charged with the death of sir £. God-
frey at that time.
X. C. J. When was he put in for the death
of sir £dmundbury ?
Sir Tho. Stringer. The 94th of December.
X. C. J. Then there is all the remaining
part of October, all November, and the former
part of December, was past, how could you re-
collect yourself of the particular day?
Worrier. I called it to my mind by my work.
Captain Richardson. My lord, I will rectify
this mistake : Since their arraignment, I went
to them to know what witnesses they had, and
Green told me of bis landlord and landlady;
I then asked them, if they could say any thing
as to this particular day ? aud they said they
could not do him any good at all.
Worrier. I did not then call it to memory.
X. C. J. When did you call it to me-
mory?
. Worrier. I did say I could not do it then
presently, as I have done since, in five or sis
days.
X. C. J. How could you recollect it then ?
Worrier. By the time he came into my
house, which was a week before, and ■ by the
work that was done.
X. C. J. What cotild the work do as to this ?
Can you tell by that any thing that is done at
anytime ? W here were you the 9th of Nov. last ?
Worrier. Truly, I can't tell.
X. C. J. Whv, bow came you then to recol-
lect what you did the 12th of October, when you
did not know where you were the 9th of Nov.?
Worrier. I can tell a great many tokens, he
was but 14 or 15 days in our house.
X. C. J. What did he do tbe 12th of October,
thatyou remember so particularly that day ?
Worrier. Sir, I remember other days be-
sides that ; but I say, I uever knew the man
out after nine o'clock, in my life.
X. C. J. Have you any body else ? for this
man, I can't tall what to make on't.
Green. Here is the man's wife to give evi-
dence.
X. C. J. First consider what you say.
Mrs. Worrier. To tell you the truth, I
906) STATE TRIALS, 31 Ch able* 11. M
ftagbttbeofcan was so clear of this fact, that
I n*?er troubled my head with it ; but when
captain Richardson came to my house, I told
him, that be never was in our house by day-
time, except being cushion- layer in the coapel,
be used to come at half an hour after eleven,
and many times he did desire me, because we
were Protestants, to put in. a- little flesh meat
with oars ; sometimes he would sit down and
est his meat in the kitchen, and his wife with
him; and his wife would say to him, It is a'
troublesome time, pray see that you come home
betimes. I did not at all remember the day
of the month ax the first, npr the action; hut
njhasband am* I hare since remembered. We
were desired by them once to eat a fowl with
item ; and my husband did command me the
Saoday after to invite them to dinner with us,
sod I went in the morning very early, I think,
sad bought a dozen of pigeons, and put them
m a pye, and we bad a loin of pork roasted ;
and when be was gone to the chape) on Satur-
day in the afternoon, bis wife came to me, and
mid, my husband is not well, and when he
comes home will ask for something of broth ;
and away she went to market, to buy some-
thing to make broth of. While she was at
market, her husband came home, and asked
where his wife was ? Why, Mr. Green, said I,
she is gone to market : what an old fool, said
he, is this, to go out so late, such a night as this
is I Bat said he, again I will go to the coffee-
house, and drink a dish of coffee, and pray tell
my wife so. In the mean time she returned,
and by that time she had been above1 a little
while, be came in again. And Mr. Greeu
being there, my husband came in, and called
to me, pr'y tbee, sweetheart, what hast thou got
for my supper ? Pr*y thee, said I, sweetheart,
thou art always calling for thy victuals when
thou comest in. Then Mr. Green goes to the
stairs, and calls to bis wife, and bids her bring
him down some victuals, and she brings down
the bread and cheese, and he stayed there till
k was nine o'clock ; and then saith Mr. Green
Id his wife, Let us go up, for there is a fire.
X. C. J. What day was this, all this while ?
Mr*. Worrier. Why, it was the Saturday
fortnight after Michaelmas day.
2* C. J. Why might it not be that day three
eeks?
Mrs. Worrier. It was that day he was
Att. Gen. Why, there was no alarm taken of
k a Sunday. * .
JL C. J. When did you begin to* recollect
what davit was, that they said he was missing ?
Mrs. Worrier. On Friday morning our milk-
man came aod told us that one Mr. Godfrey
was found mordered ; now I knew one of the
Exchange of that name, and thought it might
he he. And when we went op with him. to
ms chamber, we sat there till- the Tattoo beat.
L. C.J. All the thing is, how do you know
it was this Saturday ?
Mrs. Worrier. It was the Saturday fortnight
after Michaelmas day.
!9^ar the Murder qf Sir ELOMgrey. (ft*
Justice Dolben, Are you:sure it was the Se>i
tqrday fortnight after. Michaelmas day ?
Mrs. Worrier. Yes, we did look upon the at*
manack, and reckon it so.
* Justice Dolben. Then that was the 19th of
October.
L. C. J. Why, you told him, you could do
him no good, and indeed you do not.
Justice Jones. You and your wife speak %of
the same time, do not you ? *•
Worrier, Yes.
L. C. J. Have you any more, Green ?
Cant. Richardson. There is the maid, let her
come in.
L. C. J. What say you, maid ?
Maid. I can say, that he came in the Satur-
day fortnight after quarter-day, pretty betimes.
L. C. J. Can you speak of any 'other time
besides that Satarday fortnight ?
Maid. I can tell he came in every night be- ■
fore nine o'clock.
Green. I can take my oath, I was never out
of my lodging after nine o'clock. '
Hill. My lord, here is Mr. Ravenscroft now.
L. C. J. Mr. Ravenscroft, w hat can you say r
Mr. Ravenscroft, What I can say, my lord,
is this : this Lawrence Hill, I bare known him
IS or 14 years, and he served my elder brother
so long, very faithfully. Afterwards he lived
with Dr. Godwin, towards the latter end of
the two last years, and- he married my mother's
maid.
L. C. J. What religion are you of?
tyfr. Ravenscroft. My father and mother
were Protestants.
L. C. J. But you are a Papist, are you not ?
Mr. Ravenscroft. I have not said I am a
Papist, yet.
Justice Dolben. In the mean time, I say you
are one.
Mr. Ravenscroft. Do yon so ? Then pray go
to Southwark and see.
Att. Gen. My lord, I think he bath taken
the Oaths of Allegiance and Supremacy.
L. C. J. Well, pray, Sir, go on with your
story.
Mr. Ravenscroft. If it please you, upon a
Saturday, a little before Christmas, there was
somebody, taken, I think it was one Mr.
Prnunce, for I never saw the man, neither do
I know him at all : and k was resorted that he
was taken upon the death of sir £. Godfrey,
and I was glad to hear it. My house wrts m
the Savoy, and ' my father's house is in ' Hoi-
born ; and I used often to go and see my
father, and coming home again, I went to see
the maid at her new house, she had .not been
long there, and she was standing at the door
of the house. I asked ber what news f Says
she, Here hath been a man here that tells us,
that Praunce hath discovered- several of the
murderers of sir £. Godfrey.; and they talk
up and down strangely of it, and ask me whe-
ther my husband be acquainted with him?
Then said I to ber, Is he ? She answered me,*
Very well, they have been often together; aujl
so she told wo theptople did mattery «nd talk
Wf] STATE TRIALS, *1 CiutnJ IL i«79—
, Berry > an& Hill, [208
of herbusbaad. But* raid I, what am your.
husband to it? Ssys she, He defies
s*sd all hk works* Said I, Where is your .hus-
band ? Said the. He it within. I was very glad
to beer it ; for, said I, he living ia Somerset*
House, and being acquainted with Prauoce, I
am glad to hear that your husband ean be so
courageous ; so I went away, and came again
thitber the next morning, and found be was
taken toe night before* Ail that I say then,
is, that it was a good evidence of his innocency,
that when, he had notice of it, he did not Ay.
ii.C. X 60 then, your discourse was after
Archbold had been there ?
Ravenscroft. Archbold was there before me,
ejsd had spoken this in their company. I spake
with her that night, sad the next mpraioff too ;
awd.aU that I say is, if flight be a sign of guilt,
as no doubt it it, Adam, ubi e$ 9 and coorege*
ausneas is a sign of innocencyr then this man
is innocent.
L> C. X But ton say, she told yon they
were acquainted ?
Mtvocntcroft. My lord, I have one thing more
to say. Upon the occasion of these things,
this woman hath been often with me, and hath
desired to know of me what defence she should
make, for I saw Hill's wife and Berry's wife
iwc all simple people, without defence for
themselves, and they did desire that I would
examine and see some of the witnesses, and see
how it was, and she had gotten me some papers,
and I conferred them together, there are wit-
nesses that will attest the' copy.
Alt. Gen. What is all this to the purpose ?
Only this gentleman bath a mind to shew that
he can speak Latin.
Raventcroft. I thank God I can speak Latin
4M well as any man in the Court.
JL C. X Well, all this is nothing.
Ravenscrqft. I declare it myself, if this man
were guilty, rather than I would speak for him,
*f there wanted a hangman, I would do it
myself.
L. C. J. Well, Berry, what have you to say ?
Berry, I desire Nicholas Trollop, and Nicho-
las Wright, and Gabriel Hasket, and Elizabeth
Wilks, aad corporal Collet may be called.
Corporal William Collet first examined.
Berry. Dty not you place a eentinel on
Wednesday night ?
Collet. What Wednesday do you speak of,
s%?
Berry. That night the queen went from 80-
saerset-Hoese to White-hall.
Collet. Yes, this Nicholas Trollop I pieced
there first, the 10th of October.
X. C. X How do you remember that?
Collet. Because I have been called to an
account before, and have given good reasons
for it. Oar company was at Somciest-bouse
when the king came from New-Market, and
the queen went to Whitehall. Afterwards we
were bid to fetch ooroentineds off asset three
or ibur of the clock m the afternoon.
Ltd J, EW ye« lesiw aj>y sosmew there ?
Colkt. No,wedklnot,aMotirc^€ns)any
to Whitehall.
Justice Ddbem. Are yon sure there were no
soldiers that night there r
Colkt. Yes, we were commanded with a
petty to go thitber again that night.
X. C. J". What did you do then ?
Collet. I placed the centinels by the Porter's
order.
X. C. X Who was that, Berry ?
Collet. No, it was one that used to go about,
and give orders where we should set them.
X. C. X How did you place them ? '
Collet. This man I placed from seven to ten*
then Nicholas Wright relieved him at tea, and
stayed till one.
JL C. J. At what place ?
Collet. To the Strand-ward.
Justice Wild. That was the gate they carried
him out at.
X. C. X Do you bear ; whereabouts did you
set the ceotinels ? Within the gate ?
Collet. Yes, within the wicket.
X. C. J. That way he was carried out ?
Nieh. Wright. There was no Sedan came
out in my time.
Trollop. There was one came in, in my time,
while 1 stood there.
X. C. J. Was it an empty Sedan ?
Trollop. I suppose it was, but we had no
order to keep any out.
Justice Wild. But you might know whether
it was an empty sedan or no, by the going of it
through the wicket.
Collet. There is an empty sedan that stands
there every night
Trollop. It was set down within the gate.
Justice Jones. If any sedan had gone oat,
you would not have staid them, would you ?
Collet. No, my lord, we had no order to
atop any.
Justice Dolben. How can you then he posi-
tive that no oue did go out?
Trollop. None did go out again in my time.
Justice Dolbeu. Could not the porter open
the gate, ae well as you ?
Collet. Yes, my lord, he could, but I should
have seen him then : He did not open it in nay
time.
Justice Wild. Let me ask you but one ques-
tion ; did not you go to drink nor tipple all diets;
time?
Trollop. No, nor walk a pike's length off the*
place of centrv.
Justice Wild. Has not Berry an house therm
hard by?
Trollop. Yes, but I did not drink
Justice Dolbeu. How can you iwmemhfer
particularly, so long ago ?
Trollop. Why, I wss twice before the
Justice Dolben. Bet how long wss it
that yos ward eoestiened about this thing
this night ?
Trollop. A matter of a month or sis weeks.
Cotier. For ws wtfeesjvntned bcforePratso
was taken up. •
JW] STATE TRIALS, 3 iCHAUJttU. 1679-r/or the Murder of Sir R Go4frey. [910
JLC J. You, Trollop, can you say whether
k was die sedan that used to be within ?
Trollop. No, I caooot, but it was brought in
in my time, and did not go out again.
Then Gabriel Hasket was> examined.
Berry. You stood there, Sir, from one to
four.
Hasket. Yes, after the clock struck one, I
was pot ceiHinel, and stood till four.
JLC. J. What night?
Hasket. That night the king came from New-
Market, and the queen went from Somerset-
House.
L. C. J. What day of die month was that ?
Hasket. The 16th.
L. C. J. What day of the week.
Hasket. Wednesday.
L. C. J. Did you not drink at Berry 's then ?
Hasket. No, I did not.
JL C. J. Did yon see Berry then ?
Hasket. No, I did not.
L. C. J. He was goue before you came?
Bern. 1 was fast enough a-bed at that time.
L.C. J. Well, what say you more ?
Berry. Here is my maid, Elizabeth Min-
slaw, to give her evidence where I was that
o%k the queen went from Somerset-House.
Just Jesses, What can you say ?
Mismsksm. May it please you, my lord, my
vaster was within doors and about the gale,
when the queen went away.
JL C. J. Who is your master ? •
Minsham. Mr. Berry. He was about the
gates ail the forenoon.
L. C. J. When was that ?
Minsaaw. The 16th of October, Wednesday.
And as soon as the queen was gone, my master
went out to bowls; and when he came home
again, be said he had been at bowls.
JL C. J. What time did be come home?
Mimskaw. It was dusky, and he was not ab-
sent all night an hoar, till he went to bed.
Jasu Wild. When did he go to bed ?
Muss/saw. My lord, 1 suppose he went to
bed abont 19 o'clock.
Just. Wild. They do not charge him with
thing, but what was done about the gate.
ost. Bolbcn. What time did yon go to bed
that night?
Msnskaw. Why, I went to bed about 12
o'clock.
Just. . Dolben. And you saw him no more
that night?
Mimskaw. No, my lord, but he must go
through my room to. go to bed at night, and
therefore I suppose he was a- bed.
Mrs. Hill. I desire Mr. Praunce may swear
why he did deny all this ?
jL C. J. Stand op, Mr. Praunce ; that gen-
tlewoman does desire to know, what induced
you to deoy what you had said.
Praunce. Jt was because of my trade, my
laid; and for fear of losing my employment
from the queen, and the catholics, which was
the most of my business, and because I- had
«* my pardon/
rot. r\u
any
Ji
Mrs. Hill. I desire be may swear whether
he were not tortured?
Just. Dolben. Answer her; were you tor*
tured to make this confession ?
Praunce. No, my lord, captain Richardson
hath used roe as civilly as any man in England ;
all that time that I have been there, I have
wanted for nothing.
L. C. J. See what he says ; that he did not
make this confession by any fortune; but he
made his recantation through fear, and the
thoughts of death, because he had no pardon;
and fear that he might live in want, by the loss
of the trade, prevailed with him to deny what
he had confessed.
Mrs. Hill. It was reported about town, that
he was tortured.
Just. Jones. No, it was nosuch thing ; it was
only the tortures of his conscience, for being
an actor in so great a sin.
Mrs. Hill. There are several about the
court, that heard him cry out : And be knows
all these things to be as false as God is true ;
and you will see it declared hereafter, when it
is too late.
L C. J. Do you think be would swear three
men out of their lives for nothing ?
Mrs. Hill. I desire he may be sworn to
that particular thing.
Justice Jones. He is upon his oath already,
and swears all this upon his oath.
Mrs. Hill. Well, I am dissatisfied ; my wit-
nesses were not rightly examined, they were
modest, and the Court laughed at them.
Berry. The centinels that were at the gate
all night, let nothing out.
X. C. J. Why, you could open the gate
yourself.
Berry. He says, he could have seen if the
gate had been open, and that, as be saw, the
gates were never opened.
Justice Dolben. Well, the Jury have heard
all, and wiU consider of it.
Mrs. HilL Here is another witness, my lord,
Mr. Chevins.
L. C. J. Well, sir, What say you ?
Chcvins. I have nothing to say, but that I
heard Mr. Praunce deny all.
L. C. J. Why, he does not deny that now.
Well, have you any more?
Chevins. We have no more.
Attorney General. My lord, I must crave
leave to speak a word or two ; and the Evi-
dence having been so very long, I shall be ex-
ceeding short. I intended when I began to
open the evidence) to have made some ob-
servations after the evidence ended ; to shew
how each part of it did agree, and how the
main was strengthened by concurrent circum-
stances. But, in truth, the king's evidence did
fall out much better than I could expect, and
the defence of the prisoners much weaker than
I could foresee. So • that, I think, the proof
against the prisoners is so strong, and so little
hath been alledged by them in their defence,
that it would be but loss of time to do what |
at first intended. Only I will observe, That
P
$11} STATE TRIALS, 3t Charles II. 1619— Trial if Green, Berry, and Hill, [21*
Mr. Bedlow doth agree with Mr. Prauncc as
far forth as is possible ; that is, . in those parts
of the fact, of which he pretends to have any
knowledge. Yet had they never any communi-
cation one with another, as both have sworn.
And your lordship will observe in how many
particulars they do agree ; namely, as to the
dark- Ian thorn, as to the covering of the body in
the room ; how they intended to carry the body
out in a sedan, and the rest. So that if they
had laid their heads together to contrive a story
they could hardly have agreed in so many cir-
cumstances ; and yet this they do, without dis-
coursing with each other before-hand.
My lord I must likewise observe to you, that
the servants of the Plow-alehouse concur as to
meetings there : The maid agrees as to the pri-
soners coming to sir £. Godfrey's house, and to
the time, viz. that' Saturday morning ; nay, to
the very hours of nine or ten o'clock ; that the
constable's relation of the posture in which the
body was found in the field, doth perfectly
agree with the account that the murderers gave
thereof to Mr. Praunce the next morning.
The chirurgeons do agree with Mr. Praunce,
as to the manner" of sir £. Godfrey's being kill-
ed, the strangling, the bruising of his stomach,
the twisting of his neck. And the witnesses
from Bow make it out, that Dethick was sent
for; that they had a dinner there. The boy
§ roves that be overheard them reading some-
ling about sir £. Godfrey, and that they were
very merry ; and that for his listening he was
threatened to be kicked down stairs.
So that, I think, there never was an evidence
that was better fortified with circumstances
than this : My lord, I shall be bold to say,
here it certainly as much evidence as the mat-
ter is capable of. It is not to be expected, that
they should call witnesses to be by, when they
do such foul facts ; so that none can swear di-
rectly the very fact, but such a one as was an
actor in it. All circumstances relating to the
fact, both before and after, are made out by
concurrent testimony. And, my lord, I must
observe, that this was a murder committed
through zeal to a false religion, nud that reli-
gion was a bond of secrecy. We all know, his
majesty hath been graciously pleased, by his
Proclamation, to propose a pardon, and a' re-
ward to the discoverers. And yet almost with-
out effect: their zeal to their false religion was
a greater obstacle, than the Proclamation was
an incitement to the discovery. And I do be-
lieve, if Mr. Praunce had not had some incli-
nation to change his religion, you had still been
without so clear a discovery of this work of
darkness, as now you have. I shall say no
more, but conclude to the jury with that say-
ing, that I remember in the Book of Judges
(iu the case of a murder too, though of another
nature), Judges xix. 30. * The people said
* there was no such deed done, nor seen, from
* the day that the children of Israel came out
S>f Egypt.' And I may say there was never
such a barbarous murder committed in England
since the people of England were free from the
yoke of the pope's tyranny ; and, as it b
there, so say I now, * Consider of it, take ad-
vice, and speak your minds.'
Mr. Solicitor General. My Lord, I would
onlv make one observation to your lordship,
which is this : I do not find they do in the least
pretend ro tax Mr. Praunce, that any person
hath bribed him to give this evidence; nor that
there was the least reward ever proposed to
him to bear witness against them, not so much
as the hopes of that reward contained in the
king's Proclamation ; yet Mr. Praunce, if he
had had a mind to bear false witness, might
have laid hold of that opportunity ; but so far
was he from pretending to discover any thing,
that he denied all when he was first appre-
hended. But after he was in hold, and likely
to be brought to justice, and lying under the
conviction of a guilty conscience, then, and not
till then, does he discover it.
There is no objection in the world to be
made, but since this discovery, Mr. Praunce
hath retracted what he said before, but he
gives you a very good account of it; the terrors
of conscience he then lay under, the fears that
be should not be pardoned, and the appre-
hensions he had from the threats on their side,
and the danger of bis utter ruin, put him upon
that denial.
But, my Lord, he tells you likewise, That as
soon as ever he was brought back to the pri*
son, he owned all he bad said at first, and de-
sired he might be carried back again to testify
the truth of what he had first sworn to. This.
my lord, he gives you an account of, and the
same account does the keeper of the prison
give too. I have nothing to say more, bat
only just to observe the many circumstances
whereby Mr. Praunce's testimony is fortified.
Mr. Bedlow does agree with him in every cir*.
cumstance, as far as his knowledge went: the
maid of the house agrees with his testimony ;
that says, she saw Green at sir £. Godfrey's
several times, though here he denies he knew/
him. That she saw Hill there that very morn-
ing her master was missed ; that he talked with
her master a quarter of an hour ; that she knevr
him by a very good token; not only by his
face, but also that he had the same clothes on.
then he hath now.
Mr. Praunce hath likewise told you of ano-
ther circumstance, the meeting at the Plow/-'
alehouse, where they laid the whole design of
entrapping sir E. Godfrey ; and herein he is for-
tified by the concurrent testimony of the roaster
of the house, and his servant too, though they
now deny that ever they had been in his com-
pany there ; or that they so much as knew Gi»
raid; though when they were examined at the
council-hoard, they said they knew Girald, but
not Kelly J and' now they are pressed with it
here, Hill retreats to this, that he knows one
Girald, bat not Girald the priest.
My Lord, I think the matter is so fully and
so plainly proved beyond exception, that there
needs no repetition in the case : it is impossi-
ble that Mr. Praunce, a man of that xnemc
1
913] STATE TRIALS, 31 Charles II. \m. --for the Murder of Sir E. Go<tfr<y. [2l£
that which was most pressing in the evidence,
he went to sir Edniundbury's house. - This he
seems to deny ; but the maid does swear it ex-
pressly upon him ; and says, she came first to
him, and went up stairs, and then came back
again, and still he was there. And she swears
positively she knows him by bis face, and by
the clothes be then had on, which are the same
clothes he hath on now, and dint is the man
that was with her master ; and this, which thej
cannot disprove, half proves the matter.
What bad he to do at sir Godfrey's house ?
But that would be an bard puzzling question
to be put to bim : What did you there ? And
therefore he is to deny it ; but the maid proves
it upon him, as well as Praunee. So that I
would have you consider how many witnesses
you have to one thing or another, all conduc-
ing to this point.
You have first Mr. Oates* that tells you the
discourse that passed between sir Edmund bury
Godfrey and him ; the maid tells you that both
these men were there, one at one time, and the
other at another ; and you have Mr. Praunee,
that knew the whole affair, who tells you so like-
wise, and that they were resolved to do the
work that day, in so much, that if they could
not doit, as they before contrived it (and sir
Edmundbury Godfrey was sensible that he was
dogged op and down), Girald did resolve to
dogg him to his own door, and kill him in the
lane that leads to his boose ; he would have ran
him through himself ; and this Girald is one of
those priests, whose church counts it no sin,
but an act of charity to murder a christian! to
propagate Christianity.
When they had way-laid him, and watched
his coming, from what place Mr. Ptaonce can-
not tell ; for he knows nothing but what they
told him, and they only named in general, that
he was lodged in St. Clement's ; aod thereupon
one comes to acquaint him, that they would en-
tice him in at the water-gate by Somerset- house,
atid they would do it with art enough, for they
never want a contrivance for4 so charitable an
act ; And it was upon this pretence that there
were two -men a wrangling and fighting, and
then he being a justice of the peace, was a per-
son that would part the fray easily.
And it was a probable intention : For sir E.
Godfrey was a man that was as willing to do all
acts of justice as any one, and as little afraid
to do it ; for the witness tells you before,
that he said, if they did do him a mischief, they
must do it basely, for he did not fear the best
of them upon fair play. Then when be was
desired to get himself a man to follow him, be
slighted the advice : And we all know, that he
was a man of singular courage, and therefore
it was the easier to lay a trap for him. Then
saith Praunee, when he was got in, Berry and .1
were to have several posts,' which we were to
go to, I to one place, and Berry to. another ;
and I staid, saith he. till Green threw the cra-
vat about his neck, and was assisted by Girald
and the rest that were there.. And then, a*
soon as we could imagine the thing to bo don**
capacity, ahooJd invent a story with so many
circumstances, sdl so consistent, if there were
not truth ax the bottom of it. He shews you
the particular places, from place to place,
where they decoyed him in, and how they dis-
posed of him, to the time they carried him out.
And in each of these circumstances there is
not the least improbability or cause to disbe-
lieve him. It hath been already so fully re-
peated, and the plainness of the evidence is so
convincing, that I need not make more obser-
vations upon it, but submit it to your lordship
and the jury.
Then the Lord Chief Justice directed the
Jury in this manner :
Look you, gentlemen of the jury, this is an
inquisition for innocent blood that hath been
shed, and jour business is to see if you can find
oat the murderers. We would not add inno-
cent blood to innocent blood: but on the other
side, if you have received satisfaction so much
as die nature of the thing can bear, then the
land is defiled, unless this be satisfied. Now,
for that I will urge the witness and testimony
no further than it does appear; for yon and we
are aff upon outf oaths to do uprightly, neither
10 spare murderers, nor condemn the innocent
In the first place, We began with Mr. Oates,
and he told you, that he had some converse
with sir E. Godfrey, and that he was threatened
by some, and had no good will for bis pains,
hi taking those examinations he had taken,
and he was afraid his life was in danger. This
he tells you was the discourse before- hand, aod
this is produced to lead you to consider what
sort of persons they were, of whom be was
likely to have these fears; for his fears did
arise from his having done bis part as a justice
of peace, in taking the examinations upon oath.
For the testimony of the fact, they produce
first Mr- Praunee, wherein you will do well to
observe all the degrees that he goes by before
the met, and all the circumstances in the trans-
action of that affair, and the parties by whom it
was to be enacted : First he tells you, how long
it was before they could entice him to consent
to such a villainy as this was to murder a man ;
he tells you by whom he was thus enticed,
which makes the story more probable ; that is,
by Girald and Kelly (two priests) ; and he tells
it you still more probably by their doctrine, that
it was no sin ; but it was rather an act of cha-
rity to kill a man that bad done, and was like to
do them mischief: So that if you consider the
persons the; preached to him, and the doctrine
they taught, it carries a great shew and pre-
sumption of truth in itself. When they had
met together at the Plow several" times (which
was denied by some of them, but is most ma-
nifestly proved by the master of the house and
the hoy), and the wished for time was' come;
for they were to watch the opportunity, and
Mr. Praunee was to be at home, and they would
call him to give his helping band ; he tells you,
that Mr. Hul did go that morning ; for though
be talks of an errand before, yet to keep to I
215] STATE TRIALS, 31 Charles II. 1679.— Trial of Green, Berry, and Hill, [21G
Berry comes in, and Praunce comes back from
his standing, and by some motions finds that he
was ali? e, and that till Green twisted his neck
round ; which the Chirurgeons say was plainly
a broken neck, and nothing of the wounds
which were in hit body were given him while
he was alive.
.When they bad done this, he tells you, they
carried him to Mr. Hill's chamber : Berry, Gi-
rald, Kelly and the rest, ali helped him in, and
there they leave him. Then Praunce goes away.
This was on Saturday night. Then Praunce
comes again on Monday night, and finds him
removed to another chamber hard by, where
he saw him by the light of a darkJanlheon,
with something thrown over his face ; and after-
wards on Tuesday night following they did re-
move him back to Hill's lodgings, and there he
lay till Wednesday night, when they carried
him out.
Saith Praunce, I saw him that night : ,1 was
the man that helped to carry him out, for it
was Praunce and Girald that carried him first,
and it was Green and Kelly who went before,
and took him up afterward. He tells you, they
set him upon an horseback, and Hill behind
him. They carried him out in a chair, which
was a thing that used to come in and go out
there, and so the less notice would be taken
of it. I will observe to you afterwards, on the
prisoners behalf, what is said for them to all
this.
But as to Praunce, you see tie hath given you
an account from the top to the bottom, from
the first transaction between tbem, from the
time of his being called by them to help in the
murder, and from bis seeing the handkerchief
twisted about his neck, bis neck twisted round ;
how they disposed of his body at first ; what
removes they made, and when they carried him
out, who were in company, who relieved them,
and what became of him at last.
He says, he saw him set up before Hill on
horseback, and they told him, they had thrown
him into a ditch, and Girald bad run him through
with his own sword ; and in that posture, and
in that place the constable found him : The
chirurgeons tell you that it was by the twisting
of his neck, and the strangling,, that be was
killed, and not by the wounds ; and the very
bruising? which Praunce speaks of, were found
upon the view of the body. So that here is not
any one thing that is not backed either in some
particular circumstance or other ; besides Mr.
Praunce's testimony, who (alone) could give the
narrative of the fact.
And it is no argument against Mr. Praunce
in the world, that he should not be believed
because he was a party, or because he after de-
nied what he first said: First because you can
have no body to discover such a fact, but only
one that was privy to it : So that we can have
no evidence, but what arises from a party to
the crime. And in the next place, his denial
after he had confessed it, to me, does not at all
sound as an act of falshood, but fear. It is not
a good argument to say, that he is not to be be-
lieved because he deoied what he once ssid ;
for he tells you he had not his pardon, he was
in great consternation ; the horror of the fact
itself, and the loss of his trade and livelihood
was enough to do it. But how short was his
denial, and how quick was his recantation ! For
he denied it before the king; not upon oath :
He swore it upon oath, but he denies it upon
his word only ; but by that time he got home
to Newgate, with captain Richardson, he fell
down on his knees, and begged him for God's
sake to carry him back to the king, for what I
did say at first, said be, is true, and this denial
is false. And here could be no tampering, no
contrivance made use of; no, it is plain there
could be no art used to make him retract
from his first testimony. And these are the par*
ticulars, as to Praunce's evidence.
Then comes Mr. Bedlow, and tells you, that
he was commanded by Le Faire, and the priests
he was acquainted with to insinuate himself
into the acquaintance of sir £. Godfrey ; they did
not tell him why ; they themselves knew prin-
vately wherefore, and they did intend him an
an instrument to do it, as appears afterward.
He tells you, he got into his acquaintance, by
pretending to go for warrants for the good beha-
viour and the peace, as he knew sir £. Godfrey
was willing to have the peace kept; and he was
with him every day almost, for a week or more.
Then the priests come a little nearer, and
tampered with him to kill a man, an ill man
for their turn, und that Mr. Bedlow should be
very well rewarded, he should have 4,000/.
to kill that gentleman ; but still they kept • the
name secret. He promised tbem fair, but
broke his word. Afterwards be meets this com-
panion that he had most confidence in, and
being taxed with his breach of promise, said he.
I bad business, I could not come. Well, said
his companion, you should have been as good
as your word ; but the thing is done, the per-
son is killed, and I would nave you help to
carry him away. He promises to do it; and to
meet him at Somerset-bouse ; accordingly he
comes up on Monday in the evening, and about
nine or ten of the clock at night Mr. Bedlow
swears, that in his chamber that Praunce says
he was laid in, he did see the body by the help
of a dark-lanthorn ; and his face was covered
with a cloke or mantle, or some such thing
thrown over him.
And these two men, viz. Mr. Praunce ana Mr.
Bedlow, as the council have observed, bad not
any confederacy together, for they both swear,
that the never had any converse at all ; and
if it be so, then it is impossible for two men so
to agree in a tale, with all circumstances, if
they never conversed together, but.it must be
true.
It is hardly possible for any man to invent
such a story ; for Praunce it is, I believe. ]
find it is no bard Jthing for the priests to con-
trive such an action ; but for two witnesses tc
agree in so many material circumstances wit ft
one another, that had never conversed logo.
tber, is impossible.
£17] STATE TRIALS, .11 Chablis II. 1679.-; for the Murder qfSk E. Godfrey. [210
If all this had been a chimera, and not
really so, then Praonce most be one of the no-
tables* inventors in the world. And there must
have been the mightiest chance io the world,
that Mr. fiedlow and he should agree so in all
things ; and that the maid should swear, that
Hill was there that morning; and that the
constable should find the body, just as they
told Praonce they had left him.
So that upon toe matter, you have two wit-
nesses almost in every thing : for Mr. Bedlow,
seeing him io the place murdered, is a plain
evidence that the thing; was done ; and all the
other witnesses, speaking to circumstances both
before and after, make the evidence plain, that*
these were the persons who did it. And I see
nothing incoherent in all Mr. Praunce's testi-
mony.
I would not urge this so, if I was not satisfied
io my own conscience that the relation is true.
Id the prisoner's defeuce, there is but one thing
that hath any sort *of weight ; for the young
gentlewoman talking of his being constantly at
borne at eight o'clock, is nothing ; for she says
theysJwajsgo to bed about nine o'clock, and
ihev five no answer to this, but that it could not
he done in their house but they must know of it ;
hot do not shew how that must needs be ; so
that all their evidence isslight,aud answers itself
or else not possible to be true. All the testi-
mony that is considerable in this matter, is
that which Berry produces ; and that is con-
cerning the centinels who kept the guard that
Wednesday night the body was carried out ;
and he says, there was no sedan carried out
And although this evidence be produced hut
by one of them, yet it is to the benefit of them
ail three ; for if it were certain and infallibly
tree, that the centinels did so watch at the gate
that no mortal -could go out of the place, and
if the darkness of the night might nor binder
him from seeing what might go out, or that Mr.
Berry's voice being known to him, he might
not call to him, and so Mr. Berry might open
the gate without any mat caution, or more
particular observation by the centinel, so that
das might escape his observation or remem-
brance, and yet that the centinel be an honest
man, and speak true, as he thinks, to his best
remembrance, which I leave to your considera-
tion. But there is one thing the other centinel
tens yon, that about eight or nine o'clock (for
he went off at ten) there was a Sedan brought in,
and he did not see it go out ; and so says he that
watched from ten to one ; and this is the only
thing which bath any colour in it, in behalf of
the prisoners. But he that says there was no
body went out, says also, that he never saw the
sedan ; but the "centinel that was relieved,
says, that he saw it go in. Now how far that
single testimony of Nicholas Wright, the <:enti-
sel wiQ weigh, who says that none went out, I
leave with yon, which may be mistaken, either
by reason of the darkness of the night, or those
flther particulars I have observed to you.
Bat this a all that can overthrow the whole
ffries of the evidence that bath been given by
I
Mr. Prauncc, upon whom I find not the least
reflection, except yon will call that one, which
to me, as it is circumstanced, is rather an ar-
gument for bim than against him, viz. his
going off from what he said. And what sir Ro-
bert Southwell says is regardable, that when be
shewed them the place where he was strangled,
the house to which he was first carried, be did
it very readily and confidently, but was puz-
zled to find out the room where he was re^-
moved when he saw him by the dark lanthorn,
and would not positively assert where it
was ; which shews the integrity of the man,
who would else have gone through with-
out boggling, for if all were a lie, why
should he stick at one thing more than ano-
ther, but have shewed some room or other? but
when he was confident he appeared so, and
when he was doubtful he appeared so, and so
shewed himself an honest man.
These are the particular matters, and, as near
as I can remember, all that hath been materi-
ally offered for the prisoners, against the king's
evidence. For the testimony of tbe landlord,
Warrier, and his wife, it is plainly spoken of
another time, for it was the Saturday after the
Thursday he was found, the 19th of October.
So that they speak nothing but what is true, and
yet nothing to the purpose ; for the question
is, of that which was done the 12th; but they
speik of a iime when the tragedy was passed,
so that there is only the single evidence of one
witness, the centinel, which most be opposed
to all the concurring evidence given against
tbeui.
Berry. There was centinels placed at every
one of tbe gates.
L. C. J. That is nothing, for we speak only
of this gate, the great gate ; but I will tell yon
what there is that does not arise from these
witnesses, but from tbe nature of the thing they
were about and the persons that transacted it,
that gives credit to the testimonies of the wit-
nesses, so as to incline any one to believe them
as things stand at this day, in reference to the
known design of the priests to subvert onr reli-
gion, for they must justify one ill by another,
and the mischiefs tbey have done will not be
safe, unless they do more.
And for the priests being the preachers of
murder, and your sin, that it is charity to kill
any man that stands in their way ; their doc-
trine will make you easily believe their practice,
and their practice proves their doctrine. Such
courses as these we have not known in England
till it was brought out of their Catholic countries :
what belongs to secret stranglings and poison-
ings, are strange to us, though common in Italy.
But now your priests are come hither to be the
pope's bravos, and to murder men for tbe ho-
nour of his holiness : and as thev are inhuman
so they are unmanly too ; for sir £. Godfrey
bad not been* afraid of two or three of your
priests, if they would have dealt fairly with mm.
Berry' He was a gentleman that I never
spoke with in all my life. /
X. C. J. You must say and believe, asyoar
9U>] STATE TRIALS, SIChabwsII. 1619-— Trial qf Green, Berry, and Hill, [<2j9
priest will have you, and in snch actions as
these as jour priests suggest to you, so does the
devil to your priests ; if you are upon the mat-
ter necessitated to what they will have you
think ; for though your priests preach up free-
dom of will, yet they allow none to the under-
standing. They hold you may do good or evil,
but will not suffer you to understand right and
wrong, for you cannot be perfectly theirs, if
you have any thing of your own to guide your-
selves by. , "
I know that every body of that party is apt
to say their priests own no such thing, but it is
notoriously known to all the world, that they
both print it, and«practise it. What, shall any
of you dispute the power of a pope? saith a
Jesuit : or, of a pope and council ? say the
most moderate priests. Have you power to say
how far you will be a papist, and how far not ?
you may as well bound the sea, and bid it go
thus far, and no farther, as limit the pope's au-
thority. I wonder any man should be of that
persuasion, and yet keep his reason : much less
turn from our religion to theirs, if he considers
how they impose, and what mischiefs and blood
you are involved in by your priests, that have
alarmed the nation. For I will affirm, the
greatest mischief the papists have received,
come from their uriests, who have such un-
worthy and unmanly ways of setting up their
religion : What ! Do tpey think it an act of
charity to kill men ; or is the Christian Religion
or yours, to be promoted by such means as
these? No, gentlemen, it is the fault of your
doctrine, and it is a monstrous mistake in you,
if you think that yon have any power of your
own whilst you continue in their persuasion.
I know some will ascribe all to conscience
that guides them, and that even these mischiefs
are but the effects of their religious obedience ;
but they are indeed the consequences of the
blindness of their obedience. 1 wonder bow
any man can have the face, thus to disorder a
whole nation, and yet pretend conscience for it.
Let no man tell me, O, sir, we desire none of
these mischiefs you talk of; what, not if reli-
gion requires it, or if the pope says it does?
hath not the council of Laterun decreed that
every popish prince ought to root out heresy
upon pain of damnation 1 you must: can you
go and tell the pope how far you will believe, or
what you ought to do ? You may as well tell
me, that if he were once with us, and had the
power he once had, be would leave us to our-
selves and that if he had the same ability, he
would not have the same tyranny.
And therefore all the Roman Catholic gen-
tlemen in England would do very well to con-
sider, how much it concerns Christianity not to
give offence ; and if they cannot at this time
Eve in a Protestant kingdom with security to
their neighbours, but cause such fears and dan-
gers, and thai, for conscience sake, let them
keep their consciences but leave the kingdom.
If they say, why should notwestay here, while
we do no mischief ? Alas, that is not in your
power. You cannot be quiet in your own reli-
gion, unless you disturb ours ; and therefore,
if to shew your consciences you acquit the conn-
try, and let the inconveniencies light op your-
selves only, I should then think you had seal,
though not according to knowledge ; and not
ascribe it to any plot, but to the simplicities of
understanding.
But, in short, there is a monstrous evidence
of the whole plot itself by this fact ; for we can
ascribe it to none, but such ends as these, that
such a man must be killed; for it must be
either because he knew something the priests
would not have hiin to tell, or they must do it
in defiance of justice, and in terror to all them
that dare execute it upon them ; which carries
a great evidence in itself, and which I leave to
your consideration; having remembered, as
well as I could, the proofs against them, and all
that is considerable for them. Add to this the
condition that we are in at this time, and the
eagerness of the pursuit that these priests make
to gain the kingdom, that, for my own part, I
must put it into my litany, That God would
deliver me from the delusion of Popery, and
the tyranny of the Pope : For it is a yoke
which we, who have known freedom, cannot
endure, and a burden which none but that
beast who was made for burden, will bear. So
I leave it to your consideration upon the whole
matter, whether the evidence of the fact does
not satisfy your consciences, that these men
are Guilty. And I know you will do like
honest men on both sides.
[Then the Jury withdrew to consider of
their verdict, and after a short space returned
again.]
Cl.ofCr. Gentlemen, answer to your names.
Sir Wdliam Roberts.
Sir William Roberts, Here. And so the)
rest.
CI. of Cr. Gentlemen, are you all agreed of
your verdict i—Omnes. Yes.
CI. qfCr, Who shall say for you ?
Omnes. Our foreman.
CI. of Cr. Robert Green, hold up thy band
(which he did). Look upon the prisoner; how
say you, is Robert Green Guilty of the felony
and murder whereof he stauds indicted, or Not
Guilty ?
Foreman* Guilty.
CL of Cr. What goods or chattels, lands Of
tenements ?
Foreman. None, to Qur knowledge.
CL of Cr. Henry Berry, bold up thy band
(which be did). Look upon the prisoner. Bow
say you, is Henry Berry Guilty of the felony
and murder whereof he stands indicted, or Not
Guilty ?
Foreman. Guilty.
CI. of Cr. What goods or chattels, lands or
tenements?
Foreman. None, to our knowledge.
CL of Cr. Lawrence Hill, hold up thy hau«l
(which he did). How say you, is Lawrence Hill
Guilty of the felony and murder whereof he)
stands indicted, or Not Guilty ?
Guilty.
CI. of Cr. What goods or chattels, lands or
221] STATE TRIALS, 31 Charles II. 1679.— /or the Murder of Sir R Godfrey. (223
lord; I think they always plead in custody of
the marshal.
Justice Wild. But this seems a very bar*
barous thing, to take their clothes off their
backs.
Justice Dolben. It doth so, brother, and they
must be restored.
L C. X' Yes, ye;, you must restore them*
Ashby. They shall he, my lord.
Recorder. I pray your Judgment,
L. C. J. Ask them what they can say to bin*
der Judgment.
CI. of Cr. Robert Green, bold up thy "band
(which he did). Thou hast been indicted of
felony and murder, thou hast been thereupon
arraigned, thou hast pleaded thereunto Not
Gailty, and for thy trial thou hast put thyself
upon God and thy Country, which Country
hath found thee Guilty ; what hast thou to say
for thyself, why the Court should not proceed
to give judgment of death upon thee, and award •
execution according to the law ?
Captain Richardson. What have you to say
for yourself?
Grrten. I declare to all the world, that I
am as innocent of the thing charged upon me,
as the child that is in the mother's womb.
I die innocent, I do not care for death. I go
to my Saviour, and I desire all that hear me to
pray for me. I never saw the man to my
knowledge, alive or dead.
CI. of Cr. Henry Berry, hold up thy hand
(whieh he did). Thou hast been indicted of
felony and murder, &c. what canst thou say,
ore.
Berry. I do declare, I am not guilty of any
thing in the world of this.
L. C. J. We do not expect much from yon,
and it is no great matter ; for your confession
will do us little good, but only for yourselves'.
We regard it not otherwise, because the evi
dence was so plain, that all mankind is satisfi-
ed, there is no scruple in the thing; and we
know you have either downright denials, or eva-
sions, or equivocating terms for every thing ;
yet in plain-dealing, every one that heard your
trial hath great satisfaction ; and for my own
particular, I have great satisfaction that you
are every one of you guilty.
Cl.qfCr. Lawrence Hill, hold up thy hand
(which he did). Thou hast be A indicted of
felony and murder, &c, what canst thou say,
he.
Hid. I have nothing to say for myself, but
that God Almighty knows my innocence.
CI. of Cr. Crier, make an 0 Yes,
Crier. O Yes ! Our sovereign lord the king
doth strictly charge and command all manner
of persons to keep silence, whHst Judgment is
giving upon the prisoners convicted, upon pain
of imprisonment ; peace about the Court.
Then Mr. Justice Wild, who, as second judge
in that Court, pronounced the Sentence in all
criminal matters, except High Treason, spoke
to the prisoners thus :
Justice Wild. You that art the prisoners at
Foreman. None, to oar knowledge.
CI. of Cr. Hearken to your verdict, as the
Court hath recorded it. You say that Robert
Green is Guilty of the felony and murder
whereof be stands indicted. You say that
Henry Berry is Guilty of the felony and murder
whereof he stands indicted. You say that Law-
rence H31 is Guilty of the felony and' murder
whereof he stands indicted ; and that neither
they nor any of them, had any goods or chat-
tels, lands or tenements, at the time of the fe-
lony committed, or at any time since, to your
knowledge. And so you say all.
Qames. Yes.
L. C. J. Gentlemen, you have found the
same verdict that I would have found if I had
been one with yon ; and if it were the last word
I were to speak in this world, I should have pro*
nonnced them Guilty.
At wVuch words the whole assembly gave a
{reat about of applause.
Ait. Gm. Will your lordships please to give
Judgment this evening ? I know it is not usual
the lame day.
Justice Wild. My lord, I am ready.
L. C. J. No, brother, I am to sit at Nisi
Proa this afternoon, and it is time we broke up
the Court.
Ci. of Cr. Captain Richardson, you shall have
a role to bring them to-morrow. And then the
Court broke np.
Ob Tuesday, the 11th of February, the Pri-
soners were brought again to the bar, in order
to receive tbeir Sentence ; and the Court pro-
ceeded thus :
Recorder. My lord, as I was directed by Mr.
Attorney, these prisoners being convicted of
murder, I do, for the king, pray Judgment upon
•hem ; but I must first acquaint your lordship,
mat immediately after their conviction, one of
the officers, a tipstaff, pretending it was his fee,
took their clothes off their backs.
L. C. J. Who is that officer ?
Recorder. One Ashby.
L. C J. Call him. Why do you offer to
meddle with these men's clothes ?
A*koy. It bath been an ancient custom this
40 years, some of us have known it, that the
nanaalhath the upper garment of all prisoners
tried at this bar.
J* C. J. (Speaking to a Clerk of the Crown
Office). Is there any .such custom, Mr. Water-
boose?
Waterhous*. No, my lord, not that I know
of.
L. C. J. Here ia Mr. Waterhouse, that hath
faumn the practice of the Court this three-score
jeers, savs there is no such thing. Either re-
aore them their clothes, or we will take some
acher course with you. Are they in your ens-
Justice f Dolben. I do not know that, my
233) STATE TRIALS, 31 Charles II. 1670.— Trial ef Green, Berry, and Hill, [994
the bar, you have all three been indicted for a
detestable murder, and thereunto have pleaded
Not, Guilty ; and put yourselves for your trial
opou your country ; and your country, upon a
clear 'and pregnant evidence, I believe Co the
satisfaction of all good men, that were indiffe-
rent, have found you Guilty. I have little
comfort to say any &hing to you, because I ob-
serve your obstinacy at the bar ; but it is so
generally among you all, you will confess no-
' thine to the death. ,
Green. God forbid, Sir.
Justice Wild. But though 1 am of another
persuasion than you, and know you have no
charity for me, yet I have charity for you.
And if I shall say any thing, it is out of a zeal-
cms affection I have lor your souls ; God knows
J speak it upon no other grounds ; though the
offence be horrid, yet I commiserate your per-
sons.
For the nature of your offence, it is murder :
' He that sheds man's blood, by man shall bib
blood be shed; for in the image of God
created he him.' So saith God to Noah, intimat-
ing and declaring thereby, that the intention of
God Almighty, in the making of that law, was
the preservation of mankind; and that he will
not admit or suffer his image to be defaced or
destroyed. If it shall be accounted treason
against earthly princes to deface their images,
is it not much more treason against the great
God of heaven and earth, to deface his image,
who is the ' King of kings, and Lord of lords?'
The greatness of this sin struck such a damp
and horror upon the soul of Cain, that it made
him cry out, ' His punishment was greater
than he could bear ;* or, as our bibles have it in
the margin, ' His iniquity was greater than
could be forgiven ; and it shall come to pass,
that whosoever meeteth me, shall slay me :'
being conscious to himself, that it was just and
lawful, that whosoever did meet with him
should slay him. And God himself doth set
forth the heinousness of this offence, when he
tells him, ' liis brother's blood cried to him ;'
that is, cried unto God from the earth for ven-
geance. Blood, it is of a crying nature, and
wjll never cease crying, till it nad out the man-
slayer.
It is an offence so heinous in the eye of God,
that he will* not endure it in a beast ; God
saith, be will require it of a beast. And doth
God require blood of a beast, a brutish crea-
ture void of all reason, and will be not require
it much more of man, whom he hath enaued
with those two great faculties of reason and
understanding? and certainly, if murder in
general be enquired after, I may well say this
of yours, there bath not been committed a
more impudent and barbarous murder in this
civilised nation, by one subject upon another.
And observe how you did effect this murder,
.with baseness enough. See the baseness of it;
as the devil was the father of lies, so he was a
murderer from the beginning ; aud you first
begun your murder with an hellish, studied,
and premeditated lie, Knowing that this gen-
tleman was a person very vigorous in the exe-
cution of bis place, tliat would omit no oppor-
tunity of doing his office; you pretend you
have occasion for him, and by this means draw
him into your snare ; where what you do, you
do cowardly and basely, first disarm him, then
fall upon him, and murder him ; as the pro-
phet David saith of the ungodly man, ' first
gets the righteous man in bis net, and then
ravisheth him.'
Had boch a thing as this been acted by us Pro-
testants in any Popish country in the world, I
doubt there would scarce have been one of us
left alive. They would not have takeu this
course that hath been taken with you, to admit
us to a fair trial ; no, they would have made
their own hands their avengers : but, God be
praised, we are of another religion, and of an-
other persuasion. We leave vengeance to God,
and, under him, to tjie magistrate ( who
beareih not the sword in vain,' as you now/
find.
If I could abstract folly from wickedness,
certainly it was one of the greatest pieces of
folly and sottishness iu the world ; tor what
could be your end in it ? did you think that all
the magistrates in Eogland were lodged in a\r
£. Godfrey? that, if he were taken out of the
way, there were not men of spirit and cou-
rage, as faithful and diligent as he was t
trouble not yourselves, nor let those of your
persuasion trouble themselves, there are a nu-
merous company of magistrates in this king-
dom, that will do the same thing, aud act in
it, and execute their offices with the same
courage.
And as to the manner of the murder : • whom
have you destroyed ? a magistrate. For what r
for the execution of his office. One that was
a conservator of the peace ; and whose study
it was to preserve you in peace, on him you
have violated the peace, and nothing less
would satisfy you than his precious life ; an af-
front to the law, to the magistrate, to the king*
to the nation ; yea, to God himself, upon whom
an higher affront could hardly have been just*
For the magistrate is God's ordinance ; God
bath set him up to avenge himself upon the
wicked, and to reward the good ; ' and be
dotb not bear,' as . it is a sign by you be bath
not born, ' the sword in vain.'
I might say much more concerning the bet*
nousuess of this offence ; but had I the tongue
of men and angels, I could not say enough to
set out the horror of it. And now let me tell
you, I do not speak this to insult and domineer
over you ; I praise God I am of another spirit •
he knows I have another end in what 1 sa y%
and my end is merely this, to persuade you
from the foulness of your fact, to make a good
use of it ; that the horridness of your sin may
make the greater and deeper impressions on
your spirits ; and so make your repentances
more severe and efficacious, Had you as many
years to live as you have hours, it wore Utile
enough to bewail this horrid offence. Hut on
the other side, as that will be little enough,
225] STATE TRIALS, 3 1 Charles II. 1 679--/or the Murder of Sir E. Godfrey. [23fr
yet let me give you this comfort, you have time
enough, if you make a good use of it, to make
jour peace with God.
Pray let me dehort you from one thing ; and
that is this, do not be of the opinion of those
wicked miscreants the Jesuits, that have put
y*a upon this matter; for I have so much
charity for you as to believe they made it a
matter of religion to you, and justifiable upon
that account. Do not think so, for the law of
God is indispensible, and no power under hea-
ven can license to murder. So that though
the offence in them is abominable, yet in you
it is an offence too, and an horrid one. And
when you have considered it as such, I- then
desire you to take a right course to make your
peace with God : for you must pass under an*
other judgment than that of man, and that
shortly ; you must stand before the Judge of
heaven and earth. And therefore, if by this
means yon can prevent that future judgment,
you will have just cause to thank God that you
had your punishment here on earth. There-
fore let roe : id vise you to spend every minute
you have left, in a free acknowledgment of all
yovafleoces: for certainly some s>in went be*
/a*, or this had never come after. .One sin
Sop another, and makes way for the commis-
siofl of another.
And what must you rely upon ? not upon
aay trash or trumpery, not upon any merit of
your own ; there is but one Saviour and Me-
diator, the Lord Jesus' Christ. And I would
advneyou, in the words of that great Cardinal,
one that was one of the greatest men of your
religion, Bellarmine I mean, who having made
a scrutiny, which was the safest way for secur-
ing heaven, made the conclusion thus : ' To
trust only upon the Lord Jesus Christ for life
and salvation ;: which I advise you to do.
I have now. done what I intended to say to
you; and what I have said, I spoke to deliver
my own soul, and upon no other account. I
now pronounce the .judgment which the law
hath appointed to' pass upon such malefactors ;
and that is this :
44 That you go from hence to the place from
'whence you came, and from thence to the
place of execution, where you shall be seve-
rally hanged by the neck, till you are severally
dead ; and the Lord have mercy upon your
souls."
Hill. I humbly beg one favour, that I may
have the privilege to see my wife and children,
aod toy brother, before I die, sometimes,
L. C. J. God forbid else.
HUl. Any day, I hope, my lord?
L. C. J. Captain Richardson, let thern have
the liberty of seeing their friends, but do it
with care and caution.
Just. Wild. t\xid 1 wifi say this more to you,
if you will have any religious Proicstant di-
vines to come to you, they shall be sent to you,
hot none of your priests.
Hill, I desire only my relations.
Just. Wild. You shall have them, and we
offer you the others.
VOL. VII.
Green. I have no relations that are catho-
lics, but two, and they are not priests. God
bless the king : and I desire all good people to
pray for us.
L. C. J. Mr. Astry, let the rule be entreti
for their execution on Monday next.
Cl. if the CV. Captain Richardson, yott
shall have the rule for their execution on Mon-
day next.
Then the keeper carried away the prisoners
to the gaol, trf be reserved till their execution*
On Friday the 21st of February, the pri-
soners, Robert Green, Henry Berry, and Law-
rence Hill, were executed according to the
sentence pronounced against them ; tbey all
persisted to the last in denying the fact foe
which they suffered.
An Account of, together with, the Writing
itself, that was found in the pocket of
Lawrence Hill, at. the time he and
Green were executed, Friday, the 21st of
February, 1678-9, for the Murder of Sir
Edmundbury Godfrey, knt.
It is very fit the world should have some
account of what was said at the Execution of
these meu, and how they came to say what
they did. Their Confession (as it is called)
was a denial of the fact, which was penned and
prepared in a very formal mauner, and taken
out of the pocket of Hill,-who had neither pen,
ink, nor paper, all the while he was in -New-
gate ; yetf after he was dead, captain Richard-
son, the master of Newgate, saw the execu-
tioner take it out of his pocket ; which is ver-
batim, as follows :
" I now come to the fatal place where I must
end my life, and I hope with that Courage that
may become my* innocence :< I must now ap-
pear before the Great Judge, who knows all
tilings, and judges rightly ; and X Jbope it will
be happy for me, a sinner, that I am thus
ivrongfully put to death. I call God. angels,
and men, to witness, that I am wholly ignorant
of the manner, cause, or time of the death of
justice Godfrey.; although, on that account,
by the malice of wicked men, brought to this
shameful death, which, I hope, will' give me a
speedy passage to eternal life : In this hope I
die chearfully because of my innocence, and
the benefit of the precious ' wounds of my
blessed Saviour, by whose merits I hope for
salvation. I die a Roman Catholic, desiring
all such to pray for roe : Aud I beseech God,
iu his justice, to discover this horrid m order,
with the contrivers thereof, that my innocence
may appear. And though from my heart I for-
give my accusers, yet I cite all such as have
had a hand in this bloody contrivance, before
the great tribunal of God's justice, to answer
for the wrong they have done the innocent ;
and particularly the Lord Chief Justice, and
the brothers of sir Edmundbury Godfrey, wfth
jury, witnesses, and all their partaker^. O
Lord, bless and preserve his majesty, .Ad be
237] STATE TRIALS, 31 Charles II. 1 679— Trial qf Green, Berry, and Hill, [228
merciful to this poor nation, and lay no inno-
cent blood to its charge. So I bid you all
farewell in Jesus Christ, into vthose hands I
commend my spirit.1*
Then turning to some of the officers, he said :
There is a report up and down, that I -have
confessed the murder of sir Edmund bury God-
frey to Dr. Lloyd ; I do deny it.
This Paper was shewn to Hill's wife ; and
she being demanded whether it was her hus-
band's hand-writing, affirmed it was not : And
being further asked, whether the conveyed it
to him, she prq tested she knew not how he
came by it ; and declared that she never saw it
before. -
Then Mr. Green said ;
* I desire all your prayers: And as for sir
Edmund bury Godfrey, I know not whether he
be dead or alive ; for in my days I never saw
him with my eyes, as I know of; and if false
feople will swear against me, I cannot help it.
pray God to bless my king, and all good
people."
Then captain Richardson told him, he had a
fair trial, and wished him not to reflect on
others, but to prepare himself for death : To
which Mr. Green replied, I -pray God Almighty
to forgive them all : I never saw sir Edmund-
bury Godfrey, to nry knowledge in my life.
Mr. Berry being a protestant of the church
of England, was reprieved till the 28th of the
tame month, in hopes he would make some
discoveries. Nevertheless, when he came to
the gallows, he absolutely denied all knowledge
or concurrence in the fact for which be died ;
as will be seen by the following Account of his
Behaviour.
A Relation of Mr. BeriCy's Behaviour and
Discourse, from seven o'clock in the
Morning, untill he was executed. . Writ-
ten so soon as I got Home*9 George
Wilson.
AYiiEir I came to him in Newgate, I found
him upon his knees, at his prayers, with Dr,
Patrick's Devotions in his hands. He toU| me
he was glad I was come, and desired my as-
sistance in prayer. After I had for some
while prayed with him, which he did very fer-
vently, I believe, for almost all the time he
wept ; we then rose up both together, and had
some little discourse. I told him, that as the
law had condemned him, so I could not but
conclude him guilty; and therefore did as-
sure him, that there. Was a strict tribunal after
this life, before which we must all appear; and
in particular for him, that there were but two
or three hours before he must suffer death, and
come to judgment ; and therefore I did desire
him, that he would reveal to me what he knew
VFrom . a MS. in the library belonging to
the * church of St. Martin's in the Fields.
of the murder of sir Edroundbury Godfrey,
that God's justice might be glorified in his
death ; and that he would not go out of the
world in his sin, un repented of; which it must
be, if he did not abhor it, and confess it. He
answered me, He knew not any thing of the
fact for which he was condemned : This was>
spoke with some asseveration. I hearing him
give this answer, asked him, what were the
particular things that were witnessed against
him, for which he was condemned ? As I did
conjecture then, I thought be seemed to be un-
willing to* speak of this matter ; nor did his
words seem to come freely from him : But he
told me, that Mr. Praunce* had accused hita
1 ■ ■ ■ ■ ■ ■ t ■ ■
* An Account of the proceeding to sentence
against Miles Praunce, for wilful Per-
jury | who was sentenced in the court of
King's-Bencb, Westminster, upon a convic-
tion by his own confession, on the 15th of
June, 1686, in wilfully forswearing himself at
the trials of Robert Green, Lawrence Hilly
and Henry Berry, &c. in relation to the mur-
der of sir Edroundbury Godfrey.
Miles Praunce, a silversmith, having been,
the last Easter Term, arraigned upon an in-
formation of wilful perjury, exhibited against
him in the court of king's Bench, for wilfully
forswearing himself against Robert Green,
Lawrence Hill, and Henry Berry, ore. in rela-
tion to their murdering sir Edmundbury GoeV
frey ; and for which, upon his oath, &c. they
were executed for the said murder at Tyburn ;
and he confessing himself guilty of the perjury
specified in the same information, was, on Tues-
day, the 15th of this instant June, again brought
to the court of King's Bench, to receive his sen-
tence. The Court having a while considered the*
heinousness of the crime, and putting him k»
mind of it, told him, It was well he was so
sensible of his offence, it being so great a
one, as to extend to the taking away the lives
of innocent persons, which did aggravate it ;
though one that had before him been found
guilty of two notorious perjuries in that court,,
continued obstinate to the fast ; and, for aught
appears, has not hitherto shewn any remorse.
Yet seeing he (meaning the prisoner) was sen-
sible of his crime, and had confessed it, the
Court had considered his condition, and would
have some compassion on a true penitent.
The sentence of the Court was, " That be
should pay a fine of 100/. to the king : That he
should appear before each court in West*
minster-Hall, &c. with a paper upon his fore*
head, expressing his crime : That on Monday
next he should stand at Westminster in the
pillory, between the hours of 11 and 1, for the
space of an hour ; on Wednesday the like, be*
fore the Exchange ; and on the folio wring
Monday, at Charing Cross : And he was like-
wise sentenced to be whipped from Newgau
to Tyburn 1 and be to continue in prison unti
all.w^s performed."
ftraunce, upon the aforementioned exhorts*
tion, declared, /tifrt his last confession was tbi
£29] STATE TRIALS, 3 1 Charles II. 1679.-: fa the Murder tf Sir E. Godfrey. [230
for the assisting in carrying sir Edmundbury
Godfrey, after be was murdered, into a room
in Sotoeraet- house; He said, He could not say
lie bad never been in the room Mr. Praunce
Xke of, fox he believed, one time or other,
t he bad been in all the rooms of the honse ;
bat that, to the best of his remembrance, he
had never carried, in all his life, a two- penny
weigbt into that room ; but did acknowledge
God*sjusiice in his death, for changing his re-
ligion lor interest sake. Hearing him thus po-
sitively to deny the fact, considering Dr. Lloyd
bad been with him two or three days before, I
did aot farther press him, because I came to
bun only for to assist him in prayer : And
therefore, after this little discourse, we went to
prayers again, and before we had done, the
Ordinary of Newgate came in, to whom I
gave place.
Ha began to tell Mr. Berry, that he had
found him of a more ingenuous temper than
the rest were ; and wondered who had been
tampering with him, ,to make him persist in the
denial of the murder, which if he would have
confessed, there was once hopes of a pardon ;
bat if be woald at last confess it, he would en-
deavour what he could to have hi in saved : And
told him also, that it was no argument, that
others bad foolishly thrown away their lives,
- chat therefore be must do so too : therefore, says
Mr. Ordinary, come tell me « hat is truth. Mr.
Berry answered, Yon have been very pressing
upon me ; I cannot tell what you mean (and
shewed his averse ness again to speak of the
murder.) I mean, says Mr. Ordinary, that
thou wouldst teU me what is truth ; and prithee
come tell me what is' truth ? Truth, says Berry,
is not to tell a lye ; not to speak that a man
does not know ; and this is truth. Well, days
Mr. Ordinary, come tell me what thou knowest
of the. murder, and do not damn thyself.
Says Mr. Berry, But I think you would have
sne, by your thus pressing of me ; for I did
not know any thing of it, for a fortnight after
troth ; and that he was very sensible of, and
sorry for what he had done ; upon which the
Court desired God to continue him so.
The Sentence passed, the keeper of the
Gatehouse was ordered to take back his pri-
soner, which he accordingly did, conveying
km to the Gatehouse prison, where he now
<fwt 15, 1686), remains in custody.
it was done, Mr. Ordinary then told him, be
would deceive himself if he thought that any
absolution, or any indulgence, of either priest
or pope, could save him, without true re-
pentance.' He said, he did not believe any
such thing. Mr. Ordinary perceiving that this
discourse did but disorder him, and bad put
him out of that composure and calmness he
was in before, gave it over, and went to prayers,
till the sheriff sent to him, to come away to
execution. When we were coming out of his
prison-chamber, Mr. Ordinary asked i:im, if be
should go along with him to his execution :
Mr. Berry begged heartily that he would not,
but desired ine to go along with him: Mr.
Ordinary said, It was his place, and he would
so. We both went, and got into the cart to
him, at the place of execution s When he had
prayed by himself a good while, Mr. Ordinary
desired him to confess to the people his crime,
which was seconded by others that stood by,
saying, There was no repentance without public
confession. Mr. Berry being thus pressed
again, he declared (otherwise I believe he
would not have said any thing, but have gone
out of the world without speaking one word of
his innocency, or the murder; for he seemed
to be, both before and after, when pressed
again to confess, to be averse to it) he was as
innocent as the child that is new born. Pre-
sently the sheriff stopped him from saying any
thing more, and told him, he was not to suffer
bim there to defame an honourable court, but
if be had any other thing to say, he might :
He answered, he did not blame either judge or
jury, (and bad before at first prayed, as for the
king and queen and church, so for the magis-
trates, that God would protect them in their
duty), but for his accusers, he must say they
bad done him wrong, for he was not guilty of
that for which he suffered ; but he prayed God
to forgive them, and that his death might be
the last innocent blood that might be shed in
the land ; and prayed that his might never cry
for judgment. After which, Mr. Ordinary
prayed for him, which was very uneasy to him,
and he desired him not to do it.. Then he de-
sired me to pray for him; after which,! did
not hear him say any thing, but left bim praying :
And when the cart was drawing from under
him, he lifted up his hands towards heaven, and
said, " As I am innocent, so receive my soul,
O Lord Jesus."
231] STATE TRIALS, 31 Charles II. 1670.— Trial qf Samuel Atkins, [232
248. The Trial of Mr. Samuel Atkins, at the King's-Bench, for
being accessary to the Murder of Sir Edmundbury Godfrey :
31 Carles II. a.d. 1679. %
UN Saturday the 8th of February, 1079, Mr.
Samuel Atkins was brought from Newgate to
the bar of the Court of King's- Bench at West-
minster, to be arraigned as accessary to the
murder of sir Edmundbury Godfrey, which was
, done in this manner :
Clerk qfthe Crovm. Samuel Atkins, hold up
thy hand (which he did). Thou standest indicted
by the name of Samuel Atkins, late of the pa-
rish of St. Mary le Strand, in the county of
Middlesex, gent, for that whereas on the mor-
row of the 'Purification of the blessed Virgin
Mary, before our sovereign lord the king, at
Westminster, by the oath of twelve jurois, good
and lawful men of the said county, tried, sworn,
and charged to enquire for our sovereign lurid
the king, and ike body of the said county, Ro-
bert Greeu, late of the parish aforesaid, in ibe
county aforesaid, labourer; Henry Beery, late
of- the same parish and county, labourer; Law-
fence Hill, late of the same parish and cqunty,
labourer ; Girald, late of the same parish
and county, clerk ; Dominick Kelly, late of the
Mine parish and county, clerk; and Philibert
- Vernait, late of the same parish and county, la-
bourer ; are indicted, {or that they not having
the fear of God before their eyes, but -being
moved and seduced by the instigation of the
devil, the 13th day of October, in the 30th
* year of the reigu of our sovereign lord
Charles 2, by the grace of God, of England,
Scotland, France, an'd Ireland, king, defender
of the faith, &c. at the parish of St. Mary le
Strand aforesaid, in the county of Middlesex
aforesaid, in and upon sir Edmundbury Godfrey,
int. in the peace of God, and of our said sove-
reign lord tbe king, then and there being, felo-
niously, voluntarily, and of their malice afore-
thought, did make an assault; and that he the
aforesaid Robert Green, a certain linen band-
kerchief, of the value of sixpence, about the
seek of the said sir Edmundbury Godfrey, then
aad there feloniously, voluntarily, and of his
malice aforethought, did fold and fasten ; and
that he the said Robert Green, with the hand-
kerchief aforesaid, by him the said Robert
Green on and about the neck of the said sir
Edmundbury Godfrey, in manner and form
aforesaid folded and fastened, then and there
him the said sir Edmundbury Godfrey did choak
and strangle ; of which said choak ing and
strangling of him, the said sir Edmundbury God-
frey in manner and form aforesaid, he the said
sir Edmundbury Godfrey then and .there in-
stantly died ; and that the said Henry Berry,
Lawrence Hill, Girald, Dominick Kelly,
and Philibert Vernatt, then '»nd there felonious-
ly, voluntarily, and of their malice aforethought,
were present, aiding, abetting, comforting, and
iruuutuiuiug the aforesaid Robert Green, tbe
aforesaid sir Edmundbury Godfrey, in manner
and form aforesaid, feloniously, voluntarily, and
of bis malice aforethought, to kill and murder ;
aud so they the said Robert Green, Heuiy Berry,
Lawrence Hill, — — -Girald, Dominick Kelly
and Philibert Vernatt, in manner and form
aforesaid, the aforesaid sir Edmundbury God-
frey, feloniously, wilfully, and of their malice
aforethought, did kill and muider, against the
peace of our sovereign lord the king, his crown
and dignity. And that thou the said Samuel
Atkins, at or upon the said 12th day pf Octo-
ber, and divers days aud times before, the said
Robert Green, Henry Berry, Lawrence Hill,
'Gii aid, Dominick Kelly, and Philibert Ver-
natt, the lelouy and murder aforesaid, at the pa-
rish aforesaid, in the county aforesaid, to com-
mit feloniously, « ilfully, and of thy malice afore-
thought, didst command, counsel and qbet; and
kuowiug the said Robert Green, Henry Berry^
Lawrence Hill, ■■ Girald, Dominick Kelly,
and Philibert Vernatt, the felony and murder
aforesaid, in manner and form aforesaid, feloni-
ously fo have done and committed, at or upon tbe
said 12th day of October, and divers days and
times after, at the pariih aforesaid, in the county
pfbtesiud, feloniously the said Robert Green,
Henry Beiry, Lawrence Hill, Girald, Do-
minick Kelly, and Philibert Vernatt, didst har-
bour, comfoir, and maintain, against the, peace
of our sovereign lord the king, his crown and
dignity. How sr.yest thou, Samuel Atkins, art
thou Guilty as accessary to the said felony and
murder whereof thou standest indicted, and hast
been now arraigned, or Not Guilty ?
S. Atkins. Not Guilty.
CLoftheCr. Culprit, how wilt thou be
tried? — S. Atkins. By God and my country.
CI. of the Cr. God send thee a good deli-
verance.
S. Atkins% My lord, I do humbly desire, that
tbe several e&amiuaiiuns taken concerning this
business, may at my trial be brought into the
Court.
L. C. J. (Sir William Scropgs ) This is to be
left to Mr. Attorney to do in it as he pleaseth ;
for he is to take care of the king's evidence.
S. Atkins. I only desire, my lord, that they
may be brought in. Mr. Recorder had some of
them taken before him.
Recorder (Sir George Jefferies.) To satisfy
this gentleman, my lord, whatever examinations
were taken before me shall .be brought.
L. C. J. Why, Mr, Atkins, do you know no-
thing of this business, that you are so willing to
have all the evidence brought in against you ?
Atkins. My lord, I know nothing of it at all,
L, C. J. Are you a papist, Mr. Atkins £
S. Atkins, No, my Lord, I am not,
X. C. J. Were you never one i
233] STATE TRIALS, SI Charles II. I679.— for the Murder of Sir E. Godfrey, [334
law, the king's Attorney General, or this inquest
now to he taken of Samuel Atkins the prisoner
at the har, his being accessary to the felony ami
murder whereof Robert Green, Henry Berry,
Lawrence Hill, and others stand indicted, and
as accessary of which said felony and murder
the said Samuel Atkim stands indicted, and
hath been arraigned, let them come forth, and
they shall be heard, for now the prisoner stands
at the bar upon his deliverance.
Att. Gen. (Sir William Jones,) My Lord, I
must inform your lordship, that there is another
Indictment against Mr. Atkins as principal,
which was preferred heretofore, but we have
since thought fit to prefer another as accessary.
Now to discharge him of the first, I desire he
may be arraigned on that before his trial.
CI. of the Ci\ I did so intend to do, Mr. At-
torney. Samuel Atkins, hold up thy hand,
(which he did). Thou standest indicted by the
name of Samuel Atkins, late of the parish 'of
St. Clements Danes, in the county of Middle-
sex, gentleman, for that thou, together with
V* elch, and T.e Faire, of the j>aid parish
sui.l county, gentlemen, not having the fear of
God before your eyes, but bcine, moved and se-
duced by the instigation of the devil, the twelfth
day of October, in the thirtieth year of the reign
of qur sovereign Lord Charles '2, by the grace
of God of England, Scotlab J, Fn.nce and Ireland
Kin*.*, defender of the faith, &c. with force and
arms at the parish aforesaid, in the county
aforesaid, in and upon sir Edmundbury Godfrey, .
knight, in the peace of God and of our said so-
vereign lord the king, then and there being fe-
loniously, wilfully, miJ of your malice afore-
tf.ougl.t, did make an assault, and that th6u
the sard Samuel Atkins, a certain linen cravat,
of the value of one penny, about the neck of
the said sir E. Godfrey then and there feloni-
ously, wilfully and of thy malice aforethought,
didst fold and fasten, and that thou the said
Samuel Atkins with the said cravat, so by thee
the saiu Samuel Aihin3 about the neck of the
said .sir E. Godfrey fastened and folded as afore-
said, then and there the s;iid sir E: Godfrey, fe-
loniously, wilfully, and of thy malice afore-
thought, didst choke and strangle; of which said
choking and strangling of the said sir E. God-
frey by thee the said S.»muel Atkins, in manner
and form aforesaid done ami committed, the
said sir E. Godirey, in the parish aforesaid, in
the county cforcsai I, instantly died, and that
the aforesaid Welch, Le Faire, fe-
loniously, wilfully^ of jheir malice aforethought,
were then nnd. there present, aiding, assisting
abetting, comforting and maintaining thee the
said Samuel Atkins, the felony and murder,
aforesaid, in manner and form aforesaid, to do
and commit. And that so thou the said Samuel
S. Atkins, No, I never was one, nor I hope
shall be. When is it that your lordship
pleasetb to have me tried, for I have lain these
sixteen weeks in prison, and do earnestly desire
my trial. t
L. C. J- You shall be tried as soon as we can
when Mr, Attorney thinketh fit. We must try
the others pn Monday, and if there be time
afterwards /ou may be tried then : however,
captain Iticbardson shall have a rule to bring
yoa up then.
S. Atkins* I humbly thank your lordship.
Then be was carried back by the keeper, and
accordingly on Monday folio* ing he was brought
ap; and after the trials of Green, Berry, aud
Hill, were -over he was sent to the bar.
February 10, 1679.
L. C. J. Mr, Atkins, have you any bail ready ?
S. Atkins. No, my Lord, I am prepared for
nv trial, if your lordbhip pleasetb, but not with
Wfl.
L. C. J. Ay, bat, Mr. Atkins, it is the latter
*od of the term, and many people's livelihoods
lie at stale. We cannot lay aside all businebs
for roan.
S. Atkins. My Lord, my life lies at stake,
led J have been under severe imprisonment a
long lime. I humbly pray 1 may be 'tried ; be-
sides, I have many witnesses, who have remain^
edin town on purpose to give evidence for'me
ever since the last term. I hope my tiial will
not take up much time.
Justice Dolben. If you have so many wit-
Besses, it cannot be soon over.
5. Atkins. I have many ready, but hope I
shall have occasion to use only a few.
L. C. J. Mr. Atkins, we cannot do it, you
most be content; you shall be tried at the ses-
sions. Pray bow long is it to it ?
Recorder. It is about three weeks my Lord.
L. C. J. That indeed Mill be too lon^, but
in the mean time you shall be bailed.
S. Atkins. I submit, my Lord ; I think I
have bail here. [Mr. Atkins was here calling
his bail.]
L. C. J, Come then, nampthem.
Captain Lhyd. My Lord, 1 am a witness on
behalf of this gent'.em in, and cannot possibly
be in England a fortnight hence.
S. Atkins. My Lord, this is a captain of one
of the king's ships, und his occasions will indis-
peosibly call him away, and this is the case of
lereral others of my witnesses.
L. C. J. Well, I do not know ; if it be so,
you shall be tried to-morrow ; and so bring him
up very early, [Speaking to Captain Richard -
son.]
And so Mr. Atkins went from the bar, and
was brought up thither again on the morrow ;
being Tuesday, wheu bis trial proceeded thus :
February 11, 1679.
CI. of the Cr. Crier, make proclamation.
Crter. O Yes I Ii" any one can inform gur
Wfereign lord the king, the king'* serjeaut at
Welch and
Atkins, with the aforesaid —
Le Faire, the said twelfth day of October
at the parish aforesaid, in the count v aforesaid,
the said sir E. Godfrey, feloniously, wilfully,
and of your malice aforethought, did kill and
muider, against the peace of our sovereign lord
the king, his crown aud dignity. How ssyett
135] STATE TRIALS, 3 1 Charles II. 1679— Trial qf Samuel Atkw, [236
found him guilty ; if Jou find him not guilty,
nor that he did fly for it, say so and do more.
and hear your evidence.
Att. Gen. My lord, I am informed by Mr.
Ward of the Crown-office, the prosecutor's
clerk, that they have not sued forth a venire
facias upon this indictment as principal; and
therefore the jury cannot inquire of that at all,
but must be discharged of it. Our writ is only
fur the Indictment for being accessary.
CI. of Cr. If you make the writ * de quibus-
1 dam feloniis et accessaries/ and seal it a-new
(which may be done presently, the seal being
it the hall), it will do -for both.
L. C. J. Do so, then Mr. Ward, that both
may be dispatched. [Which was done accord-
ingly.]
CL of Cr. Samuel Atkins, hold up thy hand
again (which he did). You of the jury, look
upon the prisoner, and hearken to bis cause.
You shall further understand, that he stands
indicted by the name of Samuel Atkins, late
of the parish of St. Mary le Strand, &c. (proof
in the first indictment mutatis mutandis) against
the peace of our sovereign, lord the king, his
crow and dignity. Upon this indictment he
bath been arraigued, and thereupon pleaded
Not Guilty, and for his trial hath put himself
upon God and his country, which country you
are. Your charge is to inquire whether he be
guilty of this felony as accessary to the said
Robert Green, &c. or not guilty. If you find
him guilty, &c. (sicut antea.) Crier make pro-
clamation.
Crier. O yes ! If any man will give evidence
on behalf of our sovereign lord the king against
Samuel Atkins, the prisoner at the bar, let
them come forth, and they shall be heard, for
tbe prisoner stands at the bar upon his deli-
verance ; and all others that are bound by re-
cognizance to give evidence against the prisoner
at the bar, let them come forth and give
their evidence, or else they forfeit their recog-
nizance.
Serjeant Stringer. May it please your lord-
ship, and you gentlemen of the jury, Samuel
Atkins the prisoner at the bar stands indicted
here of two facts by two indictments ; tbe one
as principal in this murder, the other as acces-
sary. The first of* which we shall lay aside,
and of his being the murderer give no evidence;
and so, gentlemen, you must find him not guil-
ty of that. But as to the indictment as
thou, Samuel Atkins, art thou guilty of the fe-
lony and murder whereof thou standest indicted
and hast been now arraigned, or, not Guilty ?
S. Atkins. Not Guilty.
CL of Cr. Culprit, how wilt thou be tried ?
S. Atkins. By God and my country.
CL o/Cr. God send thee a good deliver-
ance. Samuel Atkins, hold up thy band
(which he did). Those menthat you shall bear
called and shall personally appear, are to pass
between our sovereign lord the king, and you,
upon the trial of your life and your death. If
therefore you will challenge them, or any of
them, your time is to speak unto them as they
come to i he book to be sworn, and before they
be sworn. Call the jury, Crier, and make an
O yes.
Crier. O yes ! You good men that are im-
pannelled to inquire between our sovereign
ford the king and Samuel Atkins the prisoner
at the bar, answer to your names.
CL qf Cr. Sir John Cutler.
Crier. Vous avcz. Sir John Cutler, look upon
the prisoner. You shall well and truly try, and
true deliverance make between our sovereign
lord the king and the prisoner at tbe bar, whom
you shall have in your charge, and a true ver-
dict give according to your evidence. So help
you God. And so the rest were sworn. Tbe
names of the twelve were these : Sir John Cut-
ler, Michael Arnold, James Partridge, Thomas
Cassee, Thomas Gostwick, John Wells, Am-
brose Arnold, Rainsford Waterhoase, John
Searle, Richard Pagert, William Waite, Ar-
thur Blyth.
CLofCr. Crier, count these. Sir John
Cutler.
Crier. One, &c.
CL ofCr. Arthur Blyth.
Crier. Twelve good men and true, stand to-
gether and hear your evidence ; you that are
sworn hearken to tbe record, you that are uot
sworn stand down.
CL o/Cr. Samuel Atkins, hold up thy hand
(which be did). You that are sworn, look
upon the prisoner, and hearken to bis caase.
You shall understand that he stands indicted
by the name of Samuel Atkins, late of the
Sarish of St. Clement Dane in the county of
fiddlesex, gentleman ; for that he, together
*vitb Welsh, Le Faire, &c. (prout in
She second indictment mutatis mutandis) against
the peace of our sovereign lord the king, his
crown and dignity. Upon this Indictment he
hath been arraigned, and thereunto hath plead-
ed Not Guilty, and foi*his trial doth put him-
self upon pod and the country, which country
you are. Your charge is to enquire whether he
be guilty of this felony and murder whereof he
stands indicted, or not guilty. If you find him
guilty, you are to inquire what goods and chat-
tels, lands or tenements he had at the time of
the felony and murder committed, or at any
time since. I£ you find him not guilty, you
are to inquire whether he did fly for the same ;
and if you find that be fled for it, you are to
inquire of his goods and chattels, as if you had I privy, knowing, consulting, and abetting to xh
sary, that sets forth, that whereas Robert
Green, Henry Berry, Lawrence Hill, and
other*, on the 12th of October last, at the pa-
rish of St. Mary le Strand, in your county, did
make an assault on the person of sir Edmund-
bury Godfrey, and that Robert Green die
throw about -the neck of sir Edmund bury a
linen handkerchief, and Uvisted and folded i
about his neck, by which twisting and foldinj
the said Green aid strangle the said sir Ed
inundbury, of which strangling he instantl
died : and we say, gentlemen, that the prj
soner at the bar is indicted as one that
237] STATE TRIALS, 31 Charles II. 1679.— /or the Murder of Sir R Godfrey. [238
commission of this murder, and that after the
murder committed (for the acts are connected)
he did receive, harbour, comfort, and maintain
the murderers. To this he hath pleaded Not
Guilty. If we prove him guilt j, we doubt not
yoo will find bhn so.
Alt. Gen. May it please your lordship, and
you gentlemen of this jury, Mr. Atkins the
prisoner is indicted upon two indictments ; the
one is for being a principal in this murder,
bat upon that we can give no evidence, for that
was preferred before we had that full and plain
evidence, which now we have of this fact by
the testimony of Mr. Praunce. And I must
sly thus much to Mr. Atkins, that he hath
caose to bless God, that ever Mr. Praunce
xaade this discovery; for I assure you, without
that,there are those circumstances, probabilities,
and presumptions, that he might have gone in
great danger of being accounted a principal in
the murder. But now, my lord, that matter
being fully and plainly discovered by Mr.
brattice's \estimony, that no man may bear a
greater burden than be deserves, we acquit him
as to that indictment, and now charge him only
as accessary. And in that you will find the
evxfeoce to be such, as might give us just cause
to prefer the first indictment.
For, my lord, we shall make it out, that Mr.
Samuel Atkins did come to a gentleman of his
own sirname, one Mr. Charles Atkins (who I
think was' of kin to him, but whether he was,
or not, is not material), and to him he did
complain of the proceedings of sir £. Godfrey,
that he was a man too active, and that he was
in no sort to be permitted to live ; for if he
were, he would be very prejudicial to some he
was concerned for. And at the same time he
did inquire after some bold man, I think one
Child particularly, who had been with that
Charles Atkins aboard the fleet, whether he
lad behaved himself stoutly there; and finding
him to be a resolute person, he desired Mr.
Charles Atkins to send for him, and send him
to him, and be would employ him ; and after-
wards Child owned to Mr. Atkins, that he had
been there.
L. €. J. To which Mr. Atkins ? To the pri-
soner?
Alt. Gen. To Mr. Charles Atkins, who is
the witness, Samuel Atkins is the prisoner. It
was Samuel that complained to Charles of sir
E. Godfrey ; inquiring after the courage and
lesoUiuon of Child, and ordered Charles to
tend htm thither : and afterwards Child, as he
Said, went thither; and when he came back
he did discourse with Charles Atkin9, desiring
aim to join with them in the killing of a man,
and did propose a great reward to him so
to do.
This, my lord, was the discourse precedent
to the fact. But now to shew to your lordship
tad the jury, that as the prisoner Samuel At-
kins and he did design, the thing should be
done, so he did pursue that design, and beana
part in it. and was privy to it, and knew of it ;
*e shall prove, that Mr. Bedlow, when he saw
the body after it was murdered, which hap-
pened, as was proved to you yesterday, on the
19th of October last, found it removed from
the place where by the testimony of Mr.
Praunce he was first carried, into another
room, and there by the help of a dark lanthorn
several people then in the room saw him :
Amongst whom, I say, Mr. Bedlow was one;
and Mr. Praunce speaks to the same matter,
and this was on the Monday night following.
And I think we have a sufficient proof that Mr.
Samuel Atkins was one in the room, that did
see the body, and was consulting with them
how to dispose of it : For we have this proof
against him. Bedlow .finding a young man
there, whom he did not know, he went up to
him, desiring to know his name ; he tells him
who he was, one Atkins, and describes him-
self by a particular circumstance to whom he
had relation, and Mr. Bedlow will tell you so
much, that though the light was not very great,
yet it was enough to let him see the faces of
those he took notice of, and that this prisoner
was there. And if this be true, it will have the
effect of proving him guilty as accessary, either
before or after the fact.
This will be the course of our evidence, our
witnesses are not many, and therefore our
proof will not belong. We shall now call them,
and when they have done, submit it to your
lordship and the jury; and first we call Mr.
Charles Atkins,
Crier. Mr. Charles Atkins, lay your hancf
upon the book. The evidence which you shall
give for our sovereign lord the king against
Samuel Atkins, the prisoner at the bar, shall
be the truth, the whole truth, and nothing but
the truth ; so help yon God.
Recorder. My lord, this is Charles Atkins,
whom we desire to begin withal. It was he
that had the discourse first with Samuel Atkins
about Child, and afterwards with Child about
the murder. Pray, Sir, tell the discourse you
had with Child, and the time when.
C: Atkins. My lord, it was much about
the time that his majesty went to New-
market.
L. C. J. That was in September, I think.
C. Atkins. No, my lord, it was in the be-
ginning of October. I cannot speak to a day,
I cannot very well tell that, but it was much
about that time. I had been with sir John
Williams about the same business that I came
to speak with Mr. Atkins about (ihis gentle-
man whom I am forced to be witness against
on the king's account ; but otherwise I have a
great regard for him), and coming there I ask-
ed the porter below stairs whether Mr. Atkins
were in the house.
X. C. Jr At what house was it ?
C. Atkins. At Derby-house in Channel-row.
He said, Yes. So I went up stairs, and found
him there all alone in the study, where he ge-
nerally writes near another study, where was
the clerk that usually wrote with him, but he
was alone ; it was in the afternoon : And after
I had spoken to him, I desired him that he
239]
STATE TRIALS, 31 Charles II. 1679.— Trial of Samuel Atkins,
[MO
would walk out into the other room. And at
the window, which is next ' the door that is to
the office, he and I stood talking together.
After we had discoursed a little about the plot,
- he told fcie, that sir £. Godfrey had very much
injured his master ; and if he lived would be,
the ruin *f him. And thereupon I have heard
J that his master was questioned in the House of
Commons, asked him whether he were a par-
liament man, thinking that might be the occa-
sion of their questioning him : No, said he.
But then he went off from what we were then
discoursing, and he desired me to be secret,
and went on upon that account in several par-
ticulars, that I cannot now exactly remember.
And as we were talking he broke off his dis-
course short, and asked me if I knew Mr.
Child : What Child ? said I, He that I used to
meet at the Three Tobacco-Pi pes ? Said he, It
is that Child that you recommended to me :
For I had recommended such a one to him to
be purser of a ship,. by the means of one Owen.
Said he, Is he a man that is stout, or to be
trusted with a secret f Said I, As to his
valour I know nothing of it, but he has a very
good character. Then said he, When you see
him send him to my master ; but as for myself,
I desire not to have him ask for me when he
comes thither. I could not meet Child that
night, but I did the next night ; and so he said
he would go thither. And afterwards I met
him again, and he said be had been there, and
falling into discourse,, he would have engaged
me to join in the murder of a man.
L. C. J. What did Child say to you ? What
is Mr. Atkins's masters name r
C. Atkins. Mr. Pepys.
L. C. J. What Mr. Pepys of the Navy ?
C. Atkins. Yes, ray Lord.
X. C. J. Had Child been with him ?
C. Atkins. My Lord, he told me so.
L. C. J. What did he say when he came from1
Mr. Pepys?
C. Atkins. He told me nothing qf Mr.
Prpys, but he would have engaged me to join in
the murder of a man. I was then iust coming
from walking, and met him in Holborn-fields,
near the Three Tobacco- Pipes, and he desired
me to walk with him, which I was unwilling to
do. He told me he had something private to say
to me ; I told him there was a shed in the back
part of the house that was private enough ;
and thither we went ; and I sat with my back
to* the house, and J»e with his to the garden.
And as soon as tho master of the house had
brought a pot of ale, he fell into discourse, and
told me he believed, that by reason of the
necessity of my fortune, and the troubles I lay
under, and my want of money, I would under-
take a business that might relieve my wants. I
replied, any thing that was honourable 1 would
' undertake, or that became a gentleman ; but to
rob on the highway,, or any thing of that na-
ture, that was base, I would not do it. He
answered me that it was a thing of greater mo-
ment than that ; he told me it was the killing
of n man. I immediately utterly denied tojoin
7
with him in it ; he gave me eight or nine days
to consider of it, and I should have a great re-
ward, if I would join with them. I heard of
him no more for a considerable while, and thru
I met him at the Three Cans or the Six Cans,
Holborri, and renewing his discourse, he told
me, if I would not agree with them to help to
murder him, yet if I would conceal it, I should
have 100/. brought to my chamber ; but if I
did reveal it, I should not outlive it.
L. C.J. This Child said?
C. Atkins. Yes, my lord.
L. C. J. Who were them were to be with
you, captain Atkins, do you know?
C. Atkins. I do not know, my Lord, he did
not tell me who they were.
L. C. J. Pray tell us again : What was the
first discourse you had with Mr. Sam. Atkins?
C. Atkins. I came to bprrow a little money
of him, and it was' at the great window in the
great room above stairs, the very window next
the office where the prisoner writes, and there
he began his discourse. We were talking of this
plot that was discovered, and something about
Coleman, but the particulars I cannot remem-
ber, and then he fell into discourse about Sir
Edmund bury Godfrey.
L. C. J. What discourse was it ?
C. Atkins. That he had injured his master,
and if he lived, he would rum him. I asked
him whether he was a member of the House of
Commons, because I knew his master had bee a
there questioned for his religion. No, said he ;
bnt then he went off from that, which he was
then talking of, which was concerning the Plot
and sir Edmund bury Godfrey, and asked, if I
knew where there was a stout man, and parti-
cularly enquired about Child, and bid me send
him to his master.
L. C. J. Did he fear Sir Edmundbury God-
frey would ruin his master, by discovering some-
thing about the Plot ?
C. Atkins. 1 understood so.
L. C. J. Why, he did not say that his master
knew of it, did he?
6. Atkins. No, not to me.
L. C. J. And" what did he talk of killing any
bo'dv?
C. Atkins. No, lie did not mention it to me.
L. C. J. Then ail that he said to you was,
that Sir Edmundbury Godfrey had very much
injured his master, and if he lived would ruin
him ; and then asked, if you knew a man
that would be stout and secret, and bid you
send him to his master, but not ask for him.
S. Atkins. Pray, Mr. Atkins, will you tell
what time that discourse was?
C. Alkhs. I cannot tell that exactly. Ii
was two days before Sir John Williams went
into the country. It was about the time o
the duchess her going beyond sea.
S. /It kins. Was there no body by when W<
had that discourse?
C. Atkins. There was another, in a stud;
hard by, I cannot tell exactly who.
5. Atkins. Do you know his name when yoi
hear it ? Was it Mr. Lewis ?
311] STATE TRIALS, 31 Charles II. 1670.-; ft th* Murder qf Sir E. G*df,ey. [24«
C.Atkins. I think ic was so, I cannot ex-
actly telL
JL C X What day was it, as near as job
can?
C. Atkins. I cannot say what day it was.; it
was about seven or eight days in October, as 1
L. C. J. You say it was about the time of
the Duchess her going over into Holland.
C. Atkins. 1 think so. I cannot positively
SoL Gen. Had yoa any reward offered to
too f>r killing of a man?
* C. Atkins. Yes, I had by Child.
8. Atkins. By whom was the reward to be
paid?
C.Atkins. He did not fell me.
Alt. Gen. Now,Nmy lord, because it seems a
strange thing, that Mr. Atkins, who says he is
a Protestant, should be engaged in this busi-
ness, we have a witness here to prove, that he
bath been seen often at Somerset-house at
Mass, and so he is a party concerned ; for those
that are of that party, it was their interest to
cot him off. And that is this boy. [Pointing
to a bow that was then brought in.]
L.C.J. How old are you, child ?
Boy. About seventeen.
Just. Wild. Do you know what,if you swear
ssfae, will become of you?
Boy, I will not swear false. '
Jasace Wild. What, if you do swear false,
will become of yoo ?
Boy. I stall be damned.
Ait. Gen. He is a* like to speak truth as ano-
ther.
8. Atkins. What religion are you of, boy ?
Ben;. A Protestant.
8. Atkins. Do you know me ?
Boy. No.
Justice Wild. Sir, you are too bold with the
L. C. J. Swear him.
Ait. Gen. Pray hold. My Lord, this is a
ess that Mr. Ward brings from below. I
him not in my brief. I desire, before they
swear bias, that he would give an account whe-
ther ha knows the prisoner or no.
Bay. No I do not. [And so the boy was
earned off, with some expressions of Mr. A£-
taroey's displeasure to Mr* Ward for bringing
hooin.J
Recorder. Jay lord, I perceive it was a mis-
take ; k was some body else. We will pro-
ceed to other evidence.
Sol Gen. (Sir Francis Winnington.) We
have hitherto gone upon the evidence to prove
that Mr. Atkins, sought out for a stout man,
and when he had found one be thought was
sir his purpose, he bid him send him to his
aaster. This stout man, Child, would have en-
gaged the other witness in a murder ; and it is
very probable what that murder was, to wit,
the murder of sir Edmundbury Godfrey ; for
we shall prove that the prisoner was aiding
sad assisting to carry off the body. And for
we call Mr. BetJlow,
Then Mr. Bedlam was sworn.
' Recorder. Pray, sir, will you tell my lord
and the jury, whether you were in the roam
where the body lay, and in what company yoa
saw it?
Bedlam. wYour lordship had an account yes*
terrtay, how Le Faire came to acquaint me,
that such an one was murdered, and that they
intended so and so to dispose of the body.
When I came to meet him at Somerset- house,
I asked b^n who were to be concerned in car-
rying him off. He told me, it was a gentleman,
one Mr. Atkins. I thought it might have been
this gentleman [pointing to captain Atkuisj
whom I had known several years -since, and so
1 enquired no further, but remembered he told
me so ; and when 1 came into the room, there
was a great many there and some of them their
face* I did see, I asked a young gentleman
whether his name was not Atkins, and he said
Yes; then I asked htm, if he were Mr. Pepys's
clerk. He answered Yes, and added, I have
seen you often at my master's house. There
was a very little light, and the man was one I
was not acquainted with, though 1 had been
often at the house, but could never meet with
ham, and yet the roan said, ' he had seen ma
often there :' So that it is hard fir me to swear
that this is he. And now I am upon one gen-
tleman's life, I would not be guilty of a false-
hood to take away another's. I do not re-
member that he was such a person as the pri-
soner is ; as far as I can remember he had
a more manly iace than be hath, and a
beard.
L. C. J. You do well to be cautious, Mr.
Bed low.
Justice Wild. Pray, what store of people
were there ?
Bedlam. I believe there were seven or eight. ,
Some there were that 1 knew.
L C.J. Who were those?
Bedlam. Le Faire and Prauoce. I remem-
ber very well, I.asked Mr. Atkins this question,
are you Mr. Pepys's clerk ? He said yes : I
have seen you often at my roaster's house.
L. C. J. And that was all the discourse you
had with him ?
Bedlam. Yes, for I was but a very little while
there.
L. C. J. But you cannot charge the prisoner
to be him ?
Bedlam. I do think he had a more manly
face than the prisoner has, and. a beard.
L. C. J. So vou think it rather was not be,
than it was ha f
Brdfaw. I cannot say it was he? nor I could
not at first. I did not know but it might be
some one that did assume his person to put
me off.
Justice Wild: Mr. Bedlow, pray let me ask
you one question. Did you never know of any
design to murder Sir £. Godfrey, till Le Faire
spoke to you tocarryhtmoff?
Bedlom. I knew not till I saw him murdered.
They told me I should help to carry off the
R
fid] STATE TRIALS, SI Charles II. I6I9.— Trial qf SmrtutVAtkhs, (144
body of one that was murdered, but I could not
imagine whom.
' JuC. J. But you knew that they were to
murder a man ?
Bedlam. Yes, my lord, but I knew not whom.
Justice Wild. But you were appointed to
insinuate yourself into sir E. Godfrey *s acquain-
tance?
Bed low. Yes, my lord.
Justice Wild. And upon what errands were
you sent ?
Bedlam. To take out warrants for the peace.
Justice Wild. And did you take out any ?
Bedlow. Yes, against some persons, and
there were none such.
Recorder. Now, if your lordship pleases, I
desire Mr. Bedlow to let us know, whether he
did ask the person that said he was Mr. Atkins
any other questions?
Bedlam. No, I did not,
Recorder. How came you to ask him no
other questions, but only whether he were Mr.
Pepya's clerk ?
Bedlow. Because i never heard of any of
/ that name, but he and this gentleman [pointing
to captain Atkins], whom I know very well,
and I could not tell but it might be he.
L. C. J Here is the thing. Le Faire told
him one Atkins should help him to carry the
body off; and when became into the room,
that person told him his name was Mr. Atkins,
and then lie asked if be were Mr. Pepys's clerk
for lie could not tell but that it was Charles
Atkins.
Recorder. We have another reason, my lord,
for the asking that question. Pray what dis-
course had you about any commission ?
Bedlow. I had often been with captain Ford
at Mr. Pepys's about his commission, and I had
often desired to speak with Mr. PepysorMr.
Atkins his clerk, but I could never nod either
of tbem at home ; aud therefore when I met
that young gentleman there, I asked him whe-
ther he were Pepys's man and he said yes. I
asked him if he knew me, and he told me yes.
X had been often at his master's house wkh
captain Ford, but I lmd never seeu Mr. Atkins.
Recorder. What did he tell you besides?
Bedlow. That was all the discourse we had.
Sol. Gen. Did you ever hear of any other
Atkins that lived with Mr. Pepys ?
Bedlam. No, none at all. And the same tes-
timony I Rive now, I gave at the first. And
ray lord, I could not he positive before the
lords of the committee, and I cannot be posi-
tive now.
Att. Gen. Indeed he was never positive at
the first. Now, my lord, if you please, we will
call a witness to prove, that that day, when this
was supposed to be done, Mr. Samuel Atkins
bad bespoke a diuner at Mount Horeb, but he
had some other business, and did not come,
and lost the price of a good dinner. Pray
swear Thomas Walton, t Which was done.]
Recorder* Pray, sir, what can you say ?
Walton. As to the body of the cause, I have
netjriftg to say. I k*v* pot seen Mr. Atkins
these two years; but there having been some
friendship between us, I had a mind to see
him, and sent a particular friend to desire him
to appoint a meeting.
L.C.J. When?.
Walton. At Mount Horeb.
Att. Gen. My lord doth not ask where, but
when, at what time ?
Walton. At two of the clock.
Att, Gen. What day ?
Walton. The 12th of October.
L. C. J. How come you to remember the
day?
}Valton. I will tell you my reason, my lord.
When I heard that this gentleman was in this
unhappy affair, I said, How much better had it
been for him to have been in my company, that
I might have vouched for him? But you [point-
ing to the prisoner] did appoint, you know, sir,
to meet me. Aud I took cognizance of this
affair speaking to a particular friend.
j£. C. J. How long after this?
Walton. When the tidings were,* he was
taken prisoner.
, Att. Gen. A great while agone my lord,
X. C. J. How long after sir £. Godfrey was
murdered ?
Att. Gen. About a fortnight.
L. C. J. Was there a dinner bespoke ?
Walton. I bespoke one for bim ; he knew
nothing of it.
Att. Getu Did he appoint to be there that
day?
Walton. Yes, he did. I think he will not
deny it
Att. Gen. Did you send a messenger to ban t
Walton. Yes, I did.
Att. Gen. What answer had you ?
Walton. He brought me word, he would
come at two of the clock to me.
Att. Gen. Did you bespeak the dinner for
him, and did you pay for it ?
Walton. I never gave him any account what
was to be for dinner.
Att. Gen. But let this evidence go as far as
it will. This gentleman had a mind to meet
him ; sent a messenger to him to meet bim :
he appointed at two o'clock ; and be bespoke si
dinner for him, but be came not. Now we
use it thus. I desire to know of him, when
was the message sent ? How long before that
day? or was it the day before?
Walton. It was a week before.
Att. Gen. What day before?
Walton. It was a week before.
Att. Gen. Can you remember what day ?
Walton. I do not, for I had no dissatisfac-
tion because he did not come.
8. Atkiru. Will your lordship give me leave
to ask him one question ? I own, sir, you sent
to me by a school-fellow, about a week before,
and desired me to appoint a day to meet you,
and I appointed this day, and that for this resv-
son ; I knew my master would be then out oi
town, and so 1 thought I could conveniently
meet you; but it being ten days before, I en-
tirely forgot it ; -but can prove by several wit*
where I did dine that day, wbicb I de-
sire may be called. But now, my lord, this
gentleman is open bis oath, who is a protestant,
and was my school-master, I desire him to de-
clare whether I was bred a protestant, or no ;
and whether my friends were so or no ?
L. C. J. How was he bred, sir ?
Walton. He was bred op in the protestant
refcpon, my lord.
L. C. J. Were his father and mother pro-
testants?
Watom. Yes, my lord, they were so, and I
know them very well.
& Atkins. Pray, sir, declare whether I was
not only bred a protestant, but whether I was
not so also when I left your school ?
Walton. Yes, my lord, he was always a pro-
testant, and a very sealous one too.
L. C. J. There is very much in that.
Justice Wild. Where is this Mount Horeb?
Recorder. It is in Pudding-lane, at one Mr.
Appleby's.
L. C. J. Well, have you any thing more,
Mr. Attorney?
Alt. Gen. No, my lord, I hare no more to
say, all I near what defence the prisoner makes.
L. £ J. Then, Mr. Atkins, you bare liberty
to defend yourself.
S. Atkins. My lord, and Gentlemen of the
Jory, I hope I shall in my defence proceed
?ery inoffensively towards God and towards
this Court. First, towards God (before whom
I am, in whose presence I must appear, and
before whom I can protest my innocence as to
what is charged upon roe), in that I shall de-
clare nothing bat what is true : And towards
this Court in the next place, because I intend
to deliver myself with all the respect and sub-
mission to it that becomes a prisoner. My
lord, this gentleman, Mr. Atkins who hath
brought this accusation against me, is a man
whom I have kept from perishing, I suppose
he will own it himself; I petitioned, solicited
for him, and was instrumental in getting him
eat of prison, for a fact which I shall by and
by tell you. And though this, my lord, may
seem against me, yet by and by
L.C. J. Hold, vou mistake, Mr. Atkins, he
does you no mischief at all, for he saith no
more than that he hath been discoursing with
too about the plot, and you said sir Edmund-
bury Godfrey bad very much injured your
fluster ; and that you desired to kuow if he
were acquainted with a stout roan ; and asked
naraealarJy of Mr. Child, and bid him send
nun to your master; and be said afterwards, be
had been there, and would have engaged him
to job in a murder. All which is nothing to
the purpose.
8. Atkins. But I never had any such dis-
course with him my lord.
L. C. J. If you had,, or had not, it is no
■titer : you need not labour your defence as
to any thing be says.
8. Atkins. I protest before God Almighty,
I know nothing of it.
Justice Voftau Bat what say you to Mr.
19.-tf* thtMmrdertf Sir R Godfrey. [34ft
Bedlow's testimony; Did you see the body of
sir £. Godfrey at Somerset* House?
S, Atkins. No my lord ; I am so far from
that, that in ail my life I was never in the house.
X. C. J. Then call a couple of witnesses to
prove where yon were that Monday night, the
14th of October, and you need not trouble
yourself any farther.
S.Atkins. There is captain Vittles, and his
whole company.
L. C. J. Can any of these say where yon
were the Hth of October ? If they can, a
couple of them is enough. Who is this ?
Atkins. This is the captain, my lord.
L. C. J. What is your name ?
Capt. Vittles. My name is Vittles.
■ L. C. J. Do you know Mr. Atkins the pri-
soner ?
Vittles. Yes, very well.
L. C. J. How long have yon known him I
Vittles. These 14 years.
L. C. J. Can you tell where he was the 14th
of October ?
Vittles. I can tell by several circumstances,
that your lordship shall understand, that I do /
remember the day.
L. C. J. Why, you cannot tell what day of
the week it was ?
Vittles. Yes, I can, it was of a Monday. .
L. C. J. Where was he on a Monday ?
Vittles. The king was pleased to command
me to go to Antwerp, to carry over some offi-
cers of the king's to the garrison ; I returned
back the 6th of October, which was Sunday.
Justice Jones, How come you to remember
the days so exactly ?
L. C. J. Mariners are very exact and punc-
tual ; they keep accounts of every day, and
have journals of all passages.
Vittles. Ay, my lord, and I have it here in
my pocket : The 6th day I arrived at Green-
wich, which was sabbath day, and that day I
would not come ashore, but I let it alone
while Monday, which was the 7th day ; then
my lord I went and appeared, and gave an ac-
count to the Secretary of what I had done,
according to my instructions, to see whether he
bad any further service to command me. At
present the Secretary told me, No, ; so I told
him I would go down to the Yatch, and wait
his majesty's commands ; and there I staid till
Thursday ; and on Friday the Secretary, I
think, was going out of town to Newmarket, and
so I could receive no orders from him, but was
to stay till he came back. On the Monday fol-
lowing I came up about eleven of the clock,
and I met with Mr. Atkins at the office he had
at his master's the Secretary's; said I, I am glad
you are at home ; and, said be, I am glad you
are not gone, for there are a couple of gentle-
women that desire to see a yatch, and if you
will go down I will come, down too, and brine
down my friends by aud by : Said I, I am glad
I am in a way to serve you, and you shall be
welcome to what I have. So I disappointed
two or three friends that I had appointed to
meet at Billingsgate, that I might get my boat
247] STATE TRIALS, 3 1 Charles II. 1070— Trial qf Samud Atkhm. [MB
ready. When I came aboard, I ordered my men
to cteau it, and I got ready some provisions,
»uch ns I had : But hi the mean time my young
lord Berkefy and his men came to see* the yatch
in the afternoon, where she lay then at Green-
wich, over against the college; and I being
glad of such a gentleman's company, entertain-
ed him with a bottle or two of wine, and what
the ship would afford, and when he went away,
I fired five guns. And when he was gone, I
was walking upon deck ; and I wonder, said I
to my men who were with me, that Mr. Atkins
doth not come ; he told me he would be here
with some friendi ; I will go a- shore if he does
not come quickly. And so, if it shall like your
honour, I stayed an hour longer ; and, said I,
if he doth not come in half an . hour, I will go
a-shore and I was ready to go, when I saw a
boat at a distance, and then said, I will stay for
I believe Chat is the boat ; and it proved so.
It w.as two of the clock when my lord went
away, and it was then half an hour past four,
or thereabouts. 80 when he came a- board his
two friends came a- board with him, and went
down hi to the cabin, 2nd drank a glass of
wme, such as we had ; and the wine being good
anc| just come from beyond seas, we drank till
seven of the clock, and I would not let them
go. ■ Then said he, I will not keep the boat
upon charge here. No, you need not, said I,
my boat shall see you a-shore. So he dischar-
ged the boat, which was, I say, about seven
o'clock, and so about eight or nine o'clock we
had drunk till we were a little warm ; and the
wine drinking pretty fresh, and being with our
friends, we did drink freely, t^ll it was indeed un-
seasonable : I must beg your lordships pardou,
but so ic was; and at half an hour past ten, I
ordered my meu to go off with the boat of four
oars, that belonged to the yatch, and that
would go much swifter than any other boats,
and I put him into the boat very much fuddled.
Now, my lord, away goes be, with four of my
* men (they are here), and I ordered them, pray,
said 1, put a-sbore Mr. Atkins and his friends
where they will go a-shore. So I went to sleep
when he was gone ; and the next day in the
morning, when the boat came aboard, said I,
where did you pot a-shore Mr. Atkins and the
two gentlewomen ? At Billingsgate, said they.
Why so, said I ? Which way would they get
home? for I knew Mr. Atkins was very much
in drink. Why, said they, the tide was so strong
at the bridge, that we could not get through
with our boat. Now it flowed that same night
till twelve minutes past ten ; so that it must
be near half an hour past ten when they went
•way.
Justice Wild, What, it flowed there at past
ten?
Tittle*. Yes, it did.
L. C. J. Mr. Bedlow, what time of the
night was it that you were at Somerset-house ?
Bedlow, It was betwixt nine and ten.
L. C. J. He was on shipboard theu.
Justice Wild. He was very sober, that you
tpokft withal, was not he ?
' Bedlam. Yes, very sober, my lord.
L. C. J. Theu call anotner witness, one el
your men, and we have done.
VittUs. Give the word for the boatswaia
Trihbett.
L. C. J. Did the women pledge you captain?
Vittles. Pledge me, my lord.
L. C. J. Ay, did they drink with you?
V U ties. Ay, and drink to us too, my lord.
£. C. J. Those be your men that sUnd there?
[He, and several other of the ship's company
were there.] Whither did you carry Mr. At- -
kins when your captain commanded you to set
him ashore ?
Tribbet't. To Billingsgate.
L. C. J. What time of night came joe
there?
Tribbett. At half past eleven.
L. C. J. What time did you carry him from
die. yatch ?
Tribbet. It was about half an hoar past ten
o'clock.
L. C. J. What day of the week was it?
Tribbett. It was on a Monday.
L. C. J. Well, yon need not trouble your-
selves any more.
Ait. Gen. My lord, in this matter, it is in
vain to contend in a fact that is plain. But I
would desire (because some perhaps will make
an ill use of it) that they would please to take
notice, here is no disproving the king's evidence*
For Mr. Bedlow did not at first, nor doth be
now, charge him directly to be the man : so
that whoever reports, That the king's evidence
is disproved, will raise a very false rumour.
L. C. J. No, no ; it is so much otherwise,
that for all he hath said herein* be is the mora>
to be credited in his testimony ; and Mr. At-
kins needed not to make any defence, but must
have come off without any, upon vt hat Mr. Bed-
low says for him.
Att. Gen, So likewise for the first man, all
that he says consists together, and may be true,
and yet Mr. Atkins innocent.
L. C. J. So it may.
Att. Gen. I desire the company may not go
away with a mistake, as if the king's evidence
were disproved.
L. C. J. Not in a tittle.
Att. Gen. Then I have done, my lord.
L. C. J. No, I will tell you how it did arise.
It arose from the jealousy of the murder of air
£. Godfrey, and persons were willing to lay
hold on any opportunity to find it out. And
Mr. Bedlow was told such a man should be br*
fellow to help him to cairy away the body; and
hearing of such a name, thought it possible it
might be such a one ; and he owning himself to
bear that name, and to be Mr. Peoys's clerk,
when he gave in his information, the people,
who were put into such alarms as these, were
very ready to catch at it* Therefore no body
was to blame for pursuing Bedlow's evidence.
He said nothing then; but what be says new,
and that is nothing at all positive, which is all
true, and yet Mr. Atkins doth appeal1 to be a
very innocent man in this matter.
3WJ
STATE TRIALS, Si Cjubus II. 1*71).— Trial of David Lam.
[250
Then the Jury consulted together at the bar,
and agreed.
CL of the Cr. Gentlemen, are you all agreed
of your ? erdict ?
Omnes. Yes.
CLofthe Cr. Who shall speak for you ?
Omnes. Our Foreman.
€7. o/fA* Cr. Samuel Atkins, hold up thy
hand. [Which he did.] Look upon him. Bow
say you; is he Guilty of the felony and murder
whereof he stands indicted, or Not Guilty?
Foreman. Not Guilty.
CI if the Cr. Did he fly for it f
Foreman. Not that we know of.
S. Atkins. God bless the king, and this ho-
nourable bench. [On his knees.]
CL of the Cr. Samuel Atkins, hold op thy
hand. [Which he did.] Look upon the prisoner.
Hew say you, h he Guilty of the felony, as ac-
cessary to the murder, as he stands indicted, or
Not Guilty?
Foreman, Not Guilty.
CL of the Cr. Did he fly for it ?
Foreman. Not that we know of.
S. Atkins. God bless the king and this bo*
noorahJe bench. [On his knees.]
CL of the Cr. Then hearken to your ver-
dict, as the Court hath recorded it. Yon say,
that Samuel Atkins is not guilty of the felony
and murder whereof he stands indicted ; nor
that be did fly fur it. And you say that he is
not guilty, as accessary to the felony and mur-
der whereof be stands indicted, nor that be did
fly for the same; and so you say all f
Omna. Yes.
X. C. J. Mr. Atkibs, I should have been
very glad that the rest, who have been con-
demned, had been as inn6cent as you are f and
I do assure you, I wish all mankind had been
innocent. For, if any Protestant had been
guilty of such a -thing as this, it would have
grieved 'me to the very, heart, that any Protest-
ant should do such things, as those priests pro-
voke their proselytes to at this day.
Capt. VittUs. My lord, here is his school-
master will give your lordship an account bow*
he was bred and brought up, and what a good
conditioned young man he was.
L. C. /. Well, well; captain, go you and
drink a bottle with him.
Then Mr. Atkins went from the bar.
249. The Trial" of David Lewis,
of Llandaff), at Monmouth
31 Charles II. a. d. 1679-
a Jesuit, (pretended Bishop
Assizes, for High Treason:
[Written by Himself.J
THE S8th of March, 1679, the assizes began
at Monmouth, sir Robert Atkins being sole
judge- A grand jury of gentlemen was re-
turned by the sheriff, and called, against several
of whom Mr. Arnold and Mr. Price excepted,
and so put by, as such tbey conceived might
befiiedti me ; a challenge not known before ;
sarin the case between che marquis of Worces-
ter, and the tenants of Wentwood, upon a riot,
Henry Williams, esq. and others would have
excepted against some of that grand-jury, the
same judge Atkins then positively said, It was
ridiculous and not usual to challenge out of a
grand-jury. At last a jury was sworn, and an
indictment drawn up against me, upon the
statute of the t7th Elia. and preferred to the
grandjury. That evening, being Friday, I was
Not guilty. The next day, about ten of the
dock in the morning, the judge came from the
N'niyrius aide, and sat at the* crown side, and
I at the same time being brought to the
bar, the crier made proclamation for silence,
that a jury for life and death might be impan-
neiled, and I made my challenges ; presently
a jury from the other bar was called, which was
not usual, and I to challenge, the judge telling
me, I might challenge without hindrance; .by
pue»s I challenged three ; but out of that
Nisi prists jnrj called to the crown bar, and
chat by Mr. Arnold's own suggestion, who had
• strong influence upon the judge as being his
Juasmao, aad sitting at his ttght hand, divers
were excepted by Mr. Arnold ; whereupon, to
make up the jury, the judge commanded the
high* sheriff to call in home, and he called many,
and of those, still Mr. Arnold excepted, as
either being of my neighbourhood, or acquaint-
ance, for there being many in the country ; the
sheriff seeing so many of his calling excepted,
he desired Mr. Arnold himself should call
whom he pleased ; whereat the judge checked
the sheriff, and he said he was saucy : at last,
with much difficulty, a jury was impanneiled, a
jury now contrived, of none but such as pleased
Mr. Arnold, principal prosecutor against me,
which was very hard, and an ignorant jury it
was withal : the jury being impanneiled, it was.
sworn, the indictment read, and witnesses
called, thus :
arraigned opon that bill, to which I pleaded , Clerk of the Assizes. David Lewis, hold op
thy hand. Here thou standest indicted of
high-treason, by the name of David Lewis; for
that thou, being a natural subject of the king
of England, hast passed beyond seas, aod hast
taken orders from the Church and See of Rome,
and hast returned back again into England,
and continued upwards of forty days, contrary1
to the statute 87 Eliz. in that case made and
provided, which by the said statute is bigb-
treasou.* What bast thou to say for thyself I
Art thou Guilty, or Not Guilty ?
Prisoner. Not Guilty.
Clerk. By whom wife thou be tryed r
Prisoner. By God and my country.
Clerk. God send thee a good deliverance, .
8M]
STATE TRIALS, siCsuiutll. 1679— Trial
Ltxou,
[850
Ckrk. Crier, call WiHiam Price, Dorothy
James, Jtfaney Trott, John James, Catharine
Thomas. He calls them, aud they all appear.
Then says the clerk to the crier, swear $em:
and he sware them all.
Judge. (Sir Robert Atkins.) William Price,
took on the prisoner, do you Know him ?
Price. Yes, my lord, I do know him.
Judge. What have yon to say of him ?
.Price. My lord, about a year and a half ago
I saw him at Mrs. Bartlet's home, at a place
called Castle-Morton in Worcestershire, and
there 1 beard him read Mass, I was at con-
fession with him, and I received the Sacrament
from him, according to that way.
Judge. Was there any altar, or any cruci-
fixes or copes?
Price, Yes, my lord, that there were.
Judge. How many times did you see him ?
Price. But that once, my lord.
Judge. Were you of that way then ?•
Price. Yes, my lord, upwards of 18 years.
Judge. What are you now ?
Price. A Protestant, my lord.
Judge. Well, Mr. Lewis, what have you to
say to this ?
Prisoner. With your lordship's leave, I will
answer all together.
Judge. Very good, you do well, it will be so
much the shorter. Dorothy James, look on the
prisoner, do you know him ?
Dorothy. Yes, my lord.
Judge. WJiat have you to say of him ?
Dorothy. My lord, 1 saw him say Mass, take
confessions, give the Sacrament, marry, chris-
ten, and heard him preach in the English and
Welch.
Judge. Were there altars and crucifixes?
Dorothy, Yes, my lord, altars, crucifixes-,
chalices, and such other things belonging to
that way.
Arnold. Did you see him give that they call
Sxtreme Unction ?
JJorothy. Yes, that I did, to my uncle, my
father's brother.
Judge. Do you know what Extreme Unc-
tion is ?
Dorothy. Yes, that, I do, it is anointing sick
people with oil, when they are dying.
Judge. It is right; that is another Sacra-
ment of their church, grounding themselves
upon these words of St. James, as 1 take it, « If
any be sick among you, let him be anointed/
Qut that was in the times of miracles only.
Arnold. Did he take upon him to free souls
from purgatory ?
Dorothy, Yes, that be did, and he had of me
eight pounds in silver, and one piece of gold, to
free my father's soul.
Prisoner. Ood is my witness, to my best
knowledge, I never had one single piece of any
money from her or her husband, upon any ac-
count whatsoever.
Judge. Have you any more to say ?
Dorothy. No, my lord. {And with that she
Uttflhed at the bar. J
Aueja^How natr, woman! do yon make a
of it ? Carry yourself more mo-
dest, lor the gentleman is for his life, and it is
no jesting matter. Well, William James, look
upon the prisoner. Do you know the prisoner?
and what have you to say of him ?
Wm. James. Yes, my lord, I do know him,
and I have seen him read Mass many times,
and take confessions, and give the Sacrament,
and christen, and marry.
Judge. Have you any more to say ?
Wm. James. No, ray lord.
Judge. Mr. Trott, what have you to say of
the prisoner? Did yon ever bear him read
Mass ? Was he reputed commonly a Jesuit, or
Popish priest ?
Trott. Yes, rov lord, he was commonly re-
puted so, and I heard him often read Mass ;
and I saw him marry Mr. Gnnter*s daughter to
Mr. Body.
Judge. Were you then of that religion ?
Trott. No, my lord, I was deluded by my
wife out of the Protestant religion, and was a
Papist during her life-time.
Judge. Are you of that religion stil! ?
Trott. No, my lord. When I saw their
wicked designs to kill my gracious king, 1 ab-
horred their traitorous proceedings, and left
them, and am now a Protestant, in which I
shall continue.
Judge. You do well.
Arnold. My lord, there is Mr. Roger Saves,
a very material witness.
Judge. Crier, swear him. Mr. Sayes, what
have you to say against the prisoner ?
Sayes. My lord, I was employed with others,
on the 16th of November last, to go and search
for biro, and we found him, and took him, with
several Popish things, which we carried away,
&c.
Judge. Did you see him at Mass ?
Sayes. No, my lord.
Judge. Then sit down. What have you to
say, John James ? What, are you dead, or
afraid to be wbipt? Look upon me, and speak
out.
John James. He married me and my wife.
Judge. Is that all yon know ? Did you aee
him at Mass ?
John James. I know no more.
Judge. Catharine Thomas, did you see him
at Mass ? Why do not you speak, woman ?
Speak, woman.
C. Thomas. Yes. I have no more to say, dc*
what you please with me.
Arnold. My lord, there is one Cornelius in
Court, I see him, wbo was clerk.
Judge. Crier, call him, swear him. Well,
Cornelius, did you ever see the prisoner at
Mass?
Cornelius. I am an ignorant fellow, I -know
not what Mass is.
Wm. James. My lord, he was his clerk. _
Cornelius. No, I was his servant.
Judge. Well, sit down. Mr. Lewis, now
what have you to say to all these witnesses, for
yourself?
Prisoner. Mylord, my Indictment was, Thavt
U3]
STATE TRIALS, 31 Chailbs 1L 1679.— /or High Treason.
[954
being ft natural subject of the king of England, I
I was ordaioed beyond the seas, by ft juris-
diction derived from the See of Rome, and re-
turned hack agaio into England, &c. contrary
to the statute in that case made and provided,
27 Eli*. Under your lordship's favour, I con-
ceive that there has not been here any one wit-
neat, who hath prayed the Indictment, or any
part thereof*
Judge. What then ? Do yon eipect we shall
learch the Records at Rome, or should bring
persons to prove, that they saw you ordained
there ? No, Sir ; it is enough 'that yon have
eiercised the function of a priest, in copes and
vestments need in your church, and that you
hate read Mass, taken confessions, given abso-
lutions, married, and christened ; if all this
will not make you a priest, what will ? I bare
tried several Popish priests, but never met with
so full a proof as this now.
Prisoner. All these things supposed proved,
will not make me a priest, unless proved to be
performed by me, as one ordained beyond the
seas, by the jurisdiction derived from the See
of Borne; for the very ministry of the Church
of EarJaod take special confessions, and give
ftVnsai absolutions ; many, in case of necessity,
christen, though no priests ; and lately, the
country knows it, one, no Popish priest, so-
lemnly married a couple; neither can one
prove to have seen me read Mass, unless it be
proved first, that I was ordained beyond the
seas, by a jurisdiction derived from the See ef
Route ; for, no such ordination, no priest ;
and, no priest, no Mass.
Judge. To disprove all these witnesses, by
saying, it cannot be proved you were ordained
beyond the seas, by a jurisdiction derived from
the See of Rome, is as much as that saying,
BeHahnioe, thou lyest.
Prisoner. My lord, were it proved that I
read Mass, that were not treason in me, for 1
am informed, that it were but the forfeiture of
200 marks, by a statute of 93 Eh*.
Judge. It is true, who hears Mass, forfeits
100 marks. But he that uses to read it,commits
treason : but these are the tricks of you all,
yet all will not do : have you any thing else
to say ?
Primmer. With your lordship's leave, now I
desire to speak something to the evidence of
every particular witness.
Judge. Speak then.
Primmer. My lord, as to the first witness,
Price ; as I hope to be saved, to the best of
sbj memory, I never saw him, till this very day,
before. I never knew or heard before now of
that Mrs. Bardet, or of that place Castle Mor-
ton ; I never was in that place all my life-time;
way, I never was in Worcestershire, or in any
boose in Worcestershire, but twice, the last
time whereof was about five years ago ; and
that was hut at my inn in Worcester town,
where, with a servant, I alighted, bespoke my
tapper, went to the coffee-house, drank two
dishes of coffee, read the Gazette, returned to
*y ion again, supped, went to bed, next morn-
ing bought some few books at the stationers,
dined, took horse,returned home again c This is
all the being I ever was in Worcestershire.
Judge. Look upon him, do you know him f
Price, Yes, my lord, he is the man.
Judge. Have you any more to say ?
Prisoner. Yes, my lord. Mr. Trot was
married to a kinswoman of mine, and she was
a considerable fortune to him, which he having
spent very idly, and she dying, be went to Loo-
don, where finding au employment at Court,
and there having done some unhandsome
things, he was banished the court, and now
lives upon the charity of gentlemen and friend*
for his bread ; so that with good reason it may
be believed, it is rather poverty and hope of
gain, than any thing else, that brings bim here
to accuse me.
Judge. ' Paupertas ad turpia cogit.' Little
gentleman, [he was a dwarf,] what can you say
to this ?
Trot. My lord, I was over with the king,
and he commanded me to attend him at White*
hall on his Restoration, where I came when I
returned, and I was received into his service,
but was never banished the court, only I cam*
away upon discontent, and still I may go there
when I please : My lord, I am desirous to do my
king and country good service, hot I am in dan-
ger of my life amongst them, and must look vet
myself.
Judge. Ay, Mr. Trot, bare a care of yourself,
you do well. Mr. Lewis, have you any more to
say for yourself?
Prisoner. My lord, Dorothy James and
William James her husband, their evidence is
grounded upon plain malice, and that malice
thus grounded : They pretending I owed them
money, ihey sued me in Chancery ; but after a t
considerable charge at law, finding themselves
not like so to prevail, then they fell to threat-
ening roe, that they would have me in band,
that they would make me repent, that she
would never give over to prosecute against die,
till she had washed her hands in my heart's
blood, and made pottage of my head.
Judge. Can you prove that ?
Prisoner* Yes, my lord, that I can.
Judge. Call your witnesses then.
Prisoner. Crier, call Richard Jones, Anne
Williams, Anne James, and Cath. Cornelius.
Judge. What can you say, Richard Jones I
Richard Jones. I heard William James say,
he would make Mr. Lewis repent.
Judge. Anne Williams, what can you say ?
Anne Williams. I beard from several per*
sons, that Dorothy James said to several per*
sons, in and about Carlion, that she would wash
her hands in Mr. Lewis's blood, and that she
would have his head to make pottage of, as of a
sheep's head.
Catharine Cornelius. My lord, and I heard
the same.
Judge. Anne James, what can you say f
Anne James. I heard. Doiothy James swear,
that she would wash her hands in Mr. Lewis*!
heart's blood.
855]
STATE TRIALS, 31 Chahle* IL 1679.— Trial qf David Lews,
(***
Judge. Where did you hear her say so ?
^nne James. 1 heard her say so in her
own house, at the fire-side, when I lived with
her.
Judge. Well, Mr. Lewis, all this will not do,
all will not excuse you from being a priest ; or
were you a hypocrite ?
Prisoner. My lord, I am a native of this
country.
Judge. What, of this country ?
Prisoner. Yes, my lord, of this country ; and
those years L lived in this country, I lived with
the reputation, of an honest man, amongst all
honest gentlemen and neighbours.
Judge. WeJl,,Mr. Lewis, have you any more
to say?
Prisoner. My lord, Mr. Sayes was sworn
witness against me, I desire to ask him one
question.
Judge. Do so.
Prisoner. Mr. Sayes, when you took me,
was there a justice of peace with you, at taking
•f me?
Sayes. No.
Prisoner. My lord, with this opportunity I
humbly beg leave to clear myself from a foul
aspersion, wherewith I am calumniated over
the whole nation, in a printed pamphlet, which
pamphlet I can here produce ; and wherein
there is not one line of truth. For it says at
the end of it, that I was taken by a justice of
peace and others, in a place cunnmgiy con-
trived under a clay-floor, which Mr. Sayes
knows to be untrue; and whereas it aJledges,
That I cheated a poor woman of 30/. to redeem
her father's soul out of purgatory, the pamphlet
names neither the woman, nor her husband,
nor her lather, nor the place nor time, when
nor where.
Judge. Does it not ?
Prisoner. No, my lord ; so that the whole
pamphlet is one entire lie, devised by some
Abolish malice.
Judge. Mr. Lewis, I, for my part, do not
believe it to be true. Have you any more to
say?
Prisoner. No more, my lord.
Judge. Then withdraw and repose. Gen-
tlemen of the Jury, here he stands indicted, &c.
Kud summed up the whole evidence.] If you
lieve what the witnesses swore, you must find
the prisoner Guilty of High Treason; you have
heard what was proved against him, therefore
go together.
Prisoner. My lord, before the Jury go, I
desire to speak something, which now occurs
•mo me, and is material against the evidence
of Price.
Judge. Jury, stay.
Prisoner, this very morning that Price came
to my chamber, with the gaoler (it seems it was
to view me), he took a turn about the room, all
the time eyeing me ; at his going out, he was
asked by the gaoler, whether i was the man he
meant ? and be answered, If I was he, I was
much changed, and if I was be, I had black
short curled hair.
Judge. Can you prove that?
Prisoner. Yes, my lord.
Judge. Where are your witnesses ?
Prisoner. Crier, call Elizabeth Jones anil
Charles Edwards. ,
Judge. Woman, what can you say to this t
Eliz. Jones. My lord, Price this morning,
after he had viewed the gentleman in his cham-
ber, as he was going out he said, If he be the
roan, he is much changed, and hath black
curled short hair ; which is not so.
Judge. Charles Bd wards, what can you say ?
Edwards. I beard Price say the same words
she relates.
Judge. Where is Price? Crier, call Hoi.
But he was not to be found, being gone out of
the hall. (This was the trick of Coleman, te
asperse the witnesses.)
[Here the Jury went out, and immediately
returned again.]
Clerk. Are you agreed of your verdict?
Jury. Yes.
Clerk. Who shall speak for you ?
Jury* Foreman.
Clerk. David Lewis, hold op tby band.
Do you fiud the prisoner Guilty, or Not
Guilty ?
Jury. Guilty.
Judge. Have you any more to say ?
Prisoner. No more, my lord.
Clerk. David Lewis, hold up thy hand.
Judge. Give me my cap. David Xewis,
thou shait be led from this place, to the place
from whence thou earnest, &c. [As usual in
Cases of fligh Treason.] So the Lord have
mercy on thy soul.
Then I made a bow to the Judge, and the
Court arose.
Afterwards, August 27, 1670, he was exe-
cuted according to the Sentence, at Uske in
Monmouthshire, where he spake as follows:
" Here is a numerous assembly, I see ; the
great Saviour of the world save every soul or
you all; I believe you are here met not only to>
see a fellow-native die, but also with expecta—
tion to hear a dying .fellow-native speak. If
you expected it not, at least 1 intended it, I
hope the favour will not be denied me, it being
a favour so freely granted to several late dying
persons in London itself. I shall endeavour to
speak inoffensively ; I hope the same favour
will not be denied me.
" * Let none of you suffer as a murderer or %
' thief, but if as a Christian, let him not be*
1 ashamed :' Saint Peter's words, 1 Peter iv.
15, 16. I hope by God's holy spirit now whis-
pered to my memory, and that to my abundant
consolation ; for I suffer not as a murderer,
thief, or such-like malefactor, but as a Chris-
tian, and therefore am not ashamed.
" | distinguish two sorts of life on earth, life-
moral and life-natural ; life-moral is that by
whieh we live with good repute in the esteem
of other men of integrity ; life-natural is that by
857]
STATE TRIALS, 31 Chabuu II. 1G7 9. —/or High Treason.
[958
which we breathe ; in the first tort or kind, I
thank God I have suffered lately, and exceed-
ingly, when maliciously, falsely, nod most inju-
rioaaJy, I " was branded for a public cheat, in
pamphlet, in ballad, on stage, and that in the
head city of the kingdom, yea, and over the
whole nation, to Che huge and great detriment
of my good name, which I always was as ten-
der of, as the other I am now quitting.
The pampbletical story, believe my dying
words, had no truth in it, neither to substance,
nor circumstance of the thiqg ; a story so false,
that I could have easily defied the face that had
attempted to justify it to tuy lace ; so sordid a
business, a story so ridiculous, that I wonder
how any sober Christian, at least who knew
me, could as much as incline to believe so open
an improbability ; who that Protest ai it young
man there mentioned was, I' know not ; who
that Popish young woman ; n who the father
dead a year and a half before ; in what county,
what parish, were all transacted, I know nut,
none of aU these there particularized; and
when » the ace of the country at last Lent-
assizes, I vindicated my innocency herein, to
the nrts/acrion of the then Judge himself, why
appeared not there then some one to make
food the charee, and disable my defence ? But-
none of this offered ; a plain demonstration to
all candid minds, the whole was a mere fiction
of some malicious person against rae : God
Jbrghre them or him, I heartily do. How for-
ward my endeavours always have been to my
power to relieve the poor, and not directly to
defraud them, impartial neighbours that know
me can tell you ; besides this, during my nine
months imprisonment, several foul and false
aspersions were cast out against me, and that
by those unto whom, for full thirty years, I had
been charitably serviceable : God forgive them,
I heartily do. Yet notwittatanding all these
calumniations, I hope I still retain the charac-
ter of an honest man amongst gentlemen of
worth, with whom I conversed, and with all
neighbours of honesty, with and amongst whom
I lived.
And now I am parting with the other life
by which I breathe, behold that within these
£rw moments of time is to unbreathe me ; but
why thus sledged to this country Tyburn t Why
this so untimely death of mine ? Have patience,
and I'll tell vou ; not for any plotting, I assure
jou ; and wnat I shall now say, as to that, God
a my witness, I shall speak without any equi-
vocation, mental reservation, or palliation of
troth whatsoever.
Bj all that is sacred in heaven and earth,
I here solemnly protest, that I am as innocent
from any plot whatever against his majesty's
person or government, as the infant that left
the mother's womb but yesterday ; neither did
I ever hear or know any thing directly or indi-
rectly of any such plot, till public fame bad
spread it over thecountry between Michaelmas
sad All-Saints day last : This is true, as God
shall judge and save my soul; neither was
there any guilt o( any such black crime found
rou nis
in me by Mr. Oates, Mr. Bedlow, Mr. Dug-
dale and Mr. Prauuce, when by them I was
strictly examined on that point, last May, in
Newgate, London ; nay, bad I had the least
knowledge or hint of such plot, I had been as
sealbu»ly nimble in the discovery of it, as any
the most loyal subject his majesty hath in his
three kingdoms ; wherefore, w hen I am dead
and gone, if some malevolent give out, I lose
my life for plotting, by charity strive to disen-
gage him of his mistake ; do that right to my
dead ashes.
I was never taught that doctrine of king-kill*
ing; from my soul I detest and abhor it as exe-
crable and directly opposite to the principles of
the religion I profess ; what that is, you shall
know by and by ; it being the positive definition
of the council of Constance, That it is damnable
for any subject, or private person, or any sub-
jects in council joined, to murder his or their
lawful king or prince, or use any public or clan-
destine conspiration against him, though the
said king or prince were a Turk, apostate, per*
secuior, yea or a tyrant in government;. Never
tell me of Clement the murderer of Henry
the 3d of France ; never tell me of Ravilliac,
murderer of Henry the 4th of France, they did
so, hot wickedly they did so, and for k they
were punished to severity, as malefactors; and
for it, to this very day, are stigmatised by all
Roman catholics, for very miscreants, and vil-
lains. I hope you will not charge the whole
Roman catholic body with the villainies of
some few desperadoes : By that rule, all Chris-
tianity must be answerable for the treason of
Judas ; for my part, I always loved my king, I
always honoured his person, and I daily prayed
for his prosperity ; and now, with all unfeigned
cordiality, i say it, God bless my gracious Icing
and lawful prince,' Charles 2, Kiug of England,
and Prince of Wales, God bless him tempo-
rally and eternally, God preserve him from all
his real enemies, God direct him in ail his conn*
cils, that may tend to the greater glory of the
same great God ; and whatever late plot hath
been, or is, the Father of lights bring it to light,
the contrivers of it, and the actors in it, that such
may be brought to their condign punishment,
ana innocence preserved.
But why again this untimely death I My re-
ligion is the Roman catholic religion, in it I
have lived above this forty years, in it I now
die ; and so fixedly die, that if all the good
things in this world were offered rae to renounce
it, all should not move me one hair's breadth
from my Roman catholic faith; a Roman ca-
tholic I am, a Roman catholic priest I am, a
Roman catholic priest of that religious order
called the Society of Jesus I am ; and I bless
God who first called me ; and I bless the boar
in which I was ficst called both unto faith and
function.
Please now to observe, I was condemned foe
reading mass, hearing confessions, administrtag
the sacraments, anointing the sick, christening,
marryiog, preaching : As for reading the mass,
it was the old, and still is, the accustomed and
S
§59] STATE TRIALS, 31 Charles II 1619.— Trial of Nathanael Reading, [?C0
laudable liturgy oftfie holy church ; and all the
other acts, which are nets of religion, tending
to the worship of God ; and for this dying, I
die for religion. Moreover know,that when last
May I was in London under examination con-
cerning the plot, a prime examinant told me,
that to save my life and increase my fortunes, I
must make some discovery of the plot, or con-
form ; discover plot I could not, for I knew of
none ; conform I would not, because it was
against my conscience ; then by consequence I
must die, and so now dying, I die for conscience
and religion ; and dying upon such good scores,
as far as human frailty permits, I die with ala-
crity interior and exterior ; from the abundance
of the heart, let not only mouths, but faces also
apeak.
Here, methinks, I feel flesh and blood ready
to burst into loud cries, tooth for tooth, eye fur
eye, blood for blood, life for life ; No, crieth
holy gospel, Forgive and yon shall be forgiven ;
pray for those that persecute you ; love your
enemies; and I profess myself a child of the
gospel, and the gospel I obey.
* Whomever, present or absent, I have ever of-
fended, I humbly desire them to forgive me ;
as for my enemies, had I as many hearts as I
have fingers, with all those hearts would I for-
give my enemies, at leastwise, with all that sin-
gle heart I have, I freely forgive them all, my
fteigb hours that betrayed me, the persons that
took me, the justices that committed roe, the
witnesses that proved against me, the jury that
found me, the judge that condemned me, and
ethers whoever, that out ef malice or zeal,
covertly or openly, have been contributive to
my condemnation ; but singularly and especi-
ally, I forgive my capital persecutor, who hath
been so long thirsting after my blood ; from my
soul I forgive him, and wish his soul so well,
that were it in my power, I would seat him a
seraphim in heaven, and I pray for them in the
language of glorious St. Stephen the protomar-
tyr ; Lord, lay not this sin unto them ; or bet-
ter ye', in the style of our great master, Christ
himself, Father forgive them, they know not
what they do.
And with reason I love them also ; for though
they have done themselves a vast soul-preju-
dice, yet they have done me an incomparable
favour, which I shall eternally acknowledge;
bat chiefly I love them for his sake, who said,
Love your enemies; and in testimony of my love
I wish them, and it is the best of wishes, from
the center of my soul, I wish them a good eter-
nity. O eternity, eternity ! How momentanean -
are the glorious riches, and pleasures of this
world ! and how desirable art thou, endless
eternity !
And for my said enemies attaining thereunto
I humbly beseech God to give them the grate of
true repentance, before ihey and this world
part.
Next to my enemies, give me leav%<o lift up
my eyes, hands, and heart to heaven, and drop
some few words of advice unto, and for my
friends,as well those present as absent. Friends,
fear God, honour your king,' be Arm in your
faith, avoid mortal sin, by frequenting the sa-
craments of holy church, patiently bear your
persecutions and afflictions, forgive your ene-
mies, your sufferings are great ; I say be firm in
your faith to the end, yea, even to death, then
shall ve heap unto yourselves celestial trea-
sures in the heavenly Jerusalem, where no thief
robbeth, no moih eateth, and no rust consum-
eth ; and have that blessed saying of the bless*
ed St. Peter, prince of the apostles, always in
your memory, which I heartily recommend unto
you, viz. Let none of you suffer as a murderer
or a thief, but if as a christian let him not be
ashamed, hut glorify God in his name.
Now it is high time I make my addresses to
heaven, and supplicate the divine goodness in
rny own behalf, by sdme few short and cordial
ejaculations of prayer.
His prayers being ended, he was turned off.
S50. The Trial of Nathanael Reaping,* esq. for a Trespass and
Misdemeanor: 31 Charles II. a.d. 1679.
ON Wednesday the 16th of Apri|, J679, his
majesty's Commissioners of Oyer and Terminer
did meet at Westroinster*hall, in the court of
KingVbench, when and where the commission
was read and proclamation for attendance be-
ing made, and the grand- jury sworn, sir James
Butler, her majesty's Attorney Gemeralra»ul
chief commissioner that then appeared, gave
them- their Charge thus :
Gentlemen,
His majesty, upon the Address of the honour-
able Honso of Commons, hath been pleased to
give order for this commission of Oyer and Tcr-
* He had been secretary to MassiniteHo, at
the insurrection at Naples, aboHt thirty years
before. His name occurs at p. 1 1 ;>5, of vol. 5.
miner that hath been read, to issue out ; and
the court thereby hath authority to inquire of,
hear and determine several other offences r
yet, at this present, you shall bave no other in
charge than the particular offence recited in
(he Indictment in my hand. It is a crime of
an unusual and rare nature: the indictment is
against Nathanael Reading; it sets forth the
plot against the king, the government and the
i elision established here by law, the horrid and
pemicipus misthiefs and consequences of it r
it sets forth likewise, that several persona, (anol
names them) as Coleman, Ireland and Grove,
were tried, condemned, and executed for the
same: that several lords in the Tower do
stand impeached in parliament of the said high*
treason, and- other higli-ciimcs and
261] STATE TRIALS, 31 Charles II. 1679.— /or a Trespass and Misdemeanor. [263
meanors ; and this was well known to Mr.
Reading, and that notwithstanding he hath so
misbehaved himself, in endeavouring to lessen
and stifle (as much as in him lay) the kind's evi-
dence, that if it had not been happily prevented
might have been of most mischievous conse-
quence. I shall not take upon me to recite
the whole indictment to you,, being very long,
and not seeu or perused by me till uuw ; but
you shall have the same along with you, it shall
be read to voa. Your duty is, to examine and
consider or the evidence to be offered you, on
the behalf of the king, for the proof of the
charge against the offender: if you find it
amount to a proof of what is laid therein, nay,
I most tell you, if you have but probable evi-
dence, you ought to find the bill, because your
presentment and verdict is not a convicrion,
but in the nature of an accusation, in order to
anng the prisoner to a fair trial : and if you do
not find the bill, he shall neier be brought to
his trial; but if you (having probable evidence)
fcrtdit, be shall receive his trial I >y the petty
jury ; arid upon the merits, be either acquitted
or coaricted. This is as much as I think is fit
for me to say to you at this time, upon this oc-
casion. You mar please to go together, and
Uke the witnesses along with you.
[Then the Witnesses were sworn, and the
Grand-Jury withdrew, and after the space of
about half an hoar, returned, finding it BHla-
Vera. After which the court adjourned to
Thursday, the 24th day of April, at eight o'clock
m the morning, in the same place.]
On which day the Commissioners here-under-
named being met, viz. sir Francis North, kt. L.
C. Justice of his majesty's court of common-
pleas, William Mountague, esq. L. C. Baron of
his majesty's court of exchequer, sir William
Wylde, kt. and bart, one of his majesty's jus-
tices of the king's- bench, sir Hugh Wyndham,
kt. one of his majesty's justices of the common-
pleas, sir Robert Atkins, kt. of the Bath, ano-
ther of the justices of the common pleas, sir
Edward Thurland, kt. one of the barons of the
Exchequer, Vere' Bertie, . esq. another of the
justices of the common -pleas, sir Thomas Jones
kt. another of the justices of the king's-bench,
sir Francis Brampston, kt. another of the
barons of the exchequer, sir William Dolben
kt. another of the justices of the king's-bench,
sir William Jones, kt. bis majesty's Attorney
General, sir James Butler, kt. one of the King's
Council, and the queen's Attorney, sir Philip
Mathews, bart, sir Thomas Orby, kt. and bart,
sir Thomas Bype, kt. sir William Bowles, kt.
sir Thomas Stringer, serjeaut at law, sir Charles
Pitfield,' kt. Thomas Robinson, Humphrey
Wyrley, Thomas Haryot, and Richard Gower,
esquires.
Proclamation was made for attendance, and
the Grand Inquest being called, Sir Francis
North, Lord Chief Justice of the Common Pleas,
(the Lord Chief Justice being out of town)
spoke to them thas :
Lord Chirf Justice, You of the Grand Jury,
This session is upon a particular occasion, and
.that which lay upon you was to find the bill,;
and that you have dime, and we do not see any
thing further for you to do, and therefore the
court discharges you from any further attend*
ance this session.
«
[Then Mr. Reading was sent for, and brought
to the bar by captain Richardsou, keeper of
Newgate; and silence being proclaimed, live
Clerk of the Crown read the Indictment to him.]
CI. of the Cr. Mr. Reading, hearken to your
Indictment.
" You stand indicted by the name of Natha-
nael Reading, late of the parish of St. Margaret,
Westminster, in the county of Middlesex, esq..
That whereas Edward Coleman, William Ire-
land, and John Grove, and other (unknown)
false traitors against our most serene lord kins;
Charles 2, the 24th day of April, iu the 30th
year of his reign, at the parish of St. Margaret's.
Westminster, in the county of Middlesex, had
traitorously, among themselves, conspired, con*
suited, and agreed, our said most serene lord!
the king to bring and put to death and final de*
st ruction ; and to move war against him our.
lord the king, within this realm of England, ano^
the religion in the same kingdom rightly and by
the laws of the same realm established to change
and alter to the superstition of the Romish
church, and the goverament of the same king-*
dom to subvert; fur which certain most wicked
treasons, and traitorous conspiracies, consult**
tions, and agreements aforesaid, they, the said
Coleman, Ireland, and Grove, in due manner,
and according to the laws of this kingdom of
England afterwards were attainted, and had
therefore undergone the pains of death: and
whereas William earl of Powis, William viscount
Stafford, John lord Bellasis, Henry lord Arun-
del of Warder, William lord Petre, and sir
Henry Tichburn, bart. the 30th day of Novem-r
ber in the above said 30th year of the reign of
our said lord the king, at the said parish of St*
Margaret's Westminster, in the county afore-
said, were of the aforesaid treasons in a lawful
manner accused, and thereupon, according to
the due form of law, to the Tower of London,
(being the prison of our said lord the king) were,
committed, there safely to be kept, to answer
the aforesaid treasons, whereof the same Wil-
liam earl of Powis, William viscount Stafford,,
John lord Bellasis, Henry lord Arundel, and!
William lord Petre in parliament, by the Com-*
mons in the same parliament assembled, are im-
peached : But you the said Nathanael Readings
the aforesaid premises sufficiently knowing, and
being devilishly affected against our most sen
rene lord the kiiig, your supreme and natural
lord, and devising, and with all your might in*
tending, to disturb the peace and common tran-
quillity of this realm, and the government of
the same kingdom, and the sincere religion of
God in the same, rightly and by the laws of the
said realm established, at your will and pleasure
to change and alter ; and the state of this king-
$63] STATE TRIALS, 31 Chakles II. 1679.— Trial of Nathanael Reading, [2&4
dom, through all its parts well instituted and
ordained, wholly to subvert; and to obstruct,
hinder and stifle the discovery of the said trea-
son, and as much as in you lay, the due course
of law in that part to shift off, aud retard ia the
prosecution of justice against the said William
earl of Powis, William viscount Stafford, Wil-
liam lord Petre, and sir Henry Tichburn : You,
the said Nathanael Reading, the 29th day of
March, in the 31st year of our said lord the
king, at the said parish of St. Margaret's West-
minster, in the coumy aforesaid, on the part of
the aforesaid William earl of Powis, William
viscount Stafford, William lord Petre, and sir
Henry Tichburn, falsely, advisedly, corruptly,
and against the duty of your allegiance, did un-
lawfully solicit, suborn, and endeavour to per-
suade, one William Bed low, (who, on the 29th
day of March, in the said 31st year, in due
manner did give information of the said trea-
sons ; and whom you, the said Reading, the
day and year last above said, did well know
the information of the said treasons as afore-
said to have given, on the part of our lord the
king) upon the trial of the aforesaid William
earl of Powis, William viscount Stafford, Wil-
liam lord Petre, and sir Henry Tichburn, for the
treasons aforesaid, to be had, to lessen and
stifle, and to omit to give in evidence the full
truth", according to his knowledge, of the afore-
said treasons, against them, the said William
earl qf Powis, William viscount Stafford, Wil-
liam lord Petre, and sir Henry Tichburn, and
to give such evidence, as you, the said Natha-
nael Reading, should direct; And you, the said
Nathanael Reading, sooner and more effectually
to persuade the aforesaid William Bedlow to
lessen and stifle, and to omit to give in evidence
the full truth, according to nis knowledge,
against the said William earl of Powis, William
viscount Stafford, William lord Petre, and sir
Henry Tichburn, upon their trials, and to give
socji evidence as you, the aforesaid Nathanael
Beading, would direct : You, the said Natha-
nael Reading, afterwards, on the said 29th day
of March, in the 31 st year abovesaid, at the
aforesaid parish of St. Margaret's Westminster,
m the, said county, falsely, advisedly, corruptly,
•od against the duty of your allegiance, unJaw-
ftlly did give to the same William Bedlow, fifty-
six pieces of coined gold of this kingdom, called
guineas : and also falsely, advisejily, corruptly,
nnlawfolly; and against the duty of your alle-
giance, the day and year abovesaid, at the
•foresaid parish of St. Margaret's Westminster,
in the said county of Middlesex, did promise to
the said Bedlow, that he, the said Bedlow,
within a certain time, by you, the aforesaid Na-
thanael Reading, to the said Bedlow proposed,
should have and receive divers other great sums
of money, and other great rewards, for lessen-
ing and stifling, and omitting to give in evidence
the full truth, according to his knowledge, of
the aforesaid treasons against the said William
earl of Powis, William viscount Stafford,' Wil-
liam lord Perre, and sir Henry Tichburn, and
far giriog such evidence! as you, the said Na-
thanael Reading, to the said William Bedlow
should direct, to the great hindrance, obstruc-
tion, and suppression of justice, in manifest
contempt of the laws of this realm, to the evil
and pernicious example of all others in the like
case offending; and against the peace of our
lord the king, his crown and dignity, osc."
How say you, Mr. Reading, art thou Guilty
of this trespass and misdemeanor, or Not Guilty ?
Reading. Not Guilty, in, thought, word, or
deed.
L. C. J. Not Guilty, is your plea ?
Reading. Yes, my lord.
*CL of the Cr. drier, make proclamation.
You good men of this county of Middlesex,
summoned to appear here this day, to try the
issue joined between our sovereign lord the
king, and Nathanael Reading, answer to your
names, and save your issues.
[Then the pannel was called over, and Pro-
clamation for information in usual form waa
made.]
CL of the Cr. Mr. Reading, look to your
challenges. Will your lordship please to have
Sir John Cutler to he foremau?
L. C. J. Yes.
Reading. My Lord, I have a very great bo*
nour for this worthy person, Sir John Cut*
ler ; be is in commission of the peace, I do
therefore humbly desire he may he excused eft
this time.
L. C. J. Mr. Reading, you cannot challenge
him peremptorily in this case, it not being for
your life ; and therefore you must shew cause
if you have any. He is not in this Commis-
sion at all ; and for his being in the Commis-
sion of the Peace, that signifies nothing, for
we oftentimes in the circuits take them off
the Bench to be Jurymen ; but if you can
shew any cause of challenge, it must be al-
lowed you.
Reading. My Lord, I look upon "myself in-
dicted for Treason ; (I desire God to give ma
strength, and I am sure of your lordship's pa-
tience) and I look upon the Indictment which
bath been read to me, and upon which I have
been arraigned, to be expressly treason ; and
I do humbly pray your lordshTpV judgment ia
it, whether it be so or not : For, my Lord, (it
your lordship please) if it be so, as I understand
my own inuocency, so your lordship under-
stands my charge better than I do. And God
knows I have neither strength of bodv, nor
presence of mind to manage my own defence $
but my happiness is, that I am alive at this
day, and am to be tried here before so honoura-
ble a bench. My lord, I have not had the ad-
vantage of any council to assist me, nor t^e
benefit of any common friend, no, not my wife
to come to me. I have not been able to help
myself through the great indisposition which X
have heen under, reduced to it by that
barbarous and illegal usage which I have
had : For (my lord) I hope I may say I ana
the first Englishman that in my circumstan-
oes hath ever been used as I have been ;
465} STATE TRIALS, SIChakusII. 1679.— fa a Tnxpan and Misdemeanor. [366
and my hopes are, whatsoever becomes of
me (the Lord's will be done,) I shall be the
last that ever shall be so used. My Lord, upon
the weakness of my own apprehension, I do
take it, that it is as high treason, nay a greater
treason, and that in the words of the indict-
ment, than erer Mr. Coleman, or dny of the
others that have been executed, died for ; or
the Lords now in the Tower stand charged
with ; and therefore, my lord, I pray your di-
rection in it, if it is but a misdemeanor (for
truly what the crime is I fcnow not ;) but in
construction of law, admitting the indictment
tree, the whole dees contain in.it the blackest
treason that ever villain was guilty of. If it is
so io your lordship's judgment, whatever should
become of it now, I may be indicted for it
again ; and should this indictment be found
upon me, I an as certainly in the eye of the
law a dead man, as through the mercy of God
1 an now alirc : and (my lord) if it be so, I
deiire your lordship's judgment whether I may
not be allowed a peremptory challenge.
L. C. J. Mr. Reading, you speak in due
time, for its pertinent to the matter of peremp-
tory challenge, to consider whether this be an
imnennent of treason? for if it be, the law
dues allow in favour of your life a peremptory
challenge to such a number ; and I will tell
you, your apprehensions have something in
them; That the fact as it is laid in the indict-
ment, might bave been laid so as to have made
an indictment of treason ; and if you are guilty
•f this fact, and not indicted for treason, but
only for a misdemeanor, it is. favour to you, and
that orHvhich you cannot take advantage or
complain of. VU now. shew you that this in-
dictment is not an indictment of treason, nor
can the judgment of treason be given upon you
for it ; and so thereby your life is not in danger.
First, here is not tbe word proditorie, which is
necessarily in all indictments of treason: next
too must observe that all treasons are expressly
particularized in the statute of 95 Ed. 3. And
! nothing is treason but what is contained in
that act, as compassing the death of the king,
levying war against the king, ami other facts
mentioned in that statute. Now ifthis fact bad
been here laid as an overt-act for the evidenc-
ing of the imagination of your heart in com-
passing tbe death of the king, and the destruc-
tion of the realm, there it had been an indict-
of treason : but being there is no treason
formally, laid, nor the word (Proditorie) which
is necessary in all indictments of treason, 'tis
only a misdemeanor you stand charged with ;
winch I must tell you is great ease and favour
to yon in soch circumstances as we are now ;
tad if it be so, you must shew cause if you
challenge any juror.
Reading. If I may (with your lordship's fa-
vour) I am very highly disposed for the taking
of tbe least favours that can be shewed roe,
with the deepest acknowledgment that an in-
nocent mao and one in distress can make : but
(my lord) among tbe greatest of misfortunes,
this I own as my bappioess, that I am now on
my trial before your lordship. Bnt pray (my
lord) may not i (having this favour shewed to
me, and should it be only fonnd a misdemea-
nor) afterwards be indicted for treason ? And
pray (my lord) does there want any one cir-
cumstance of the formality of an indictraeot
for treason in this against me, but that one of
Proditorie?
L. C, J. No, it is not laid that you did com*
pass the death of the king.
Reading, Then (with your lordship's pardon)
I do not understand it: for the indictment
does set forth, * That Coleman and others did
conspire the death of the king, levying* war,
tbe altering of religion and subversion of the
government; for which they justly suffered
death/ And further, as to the several lords in
the indictment mentioned, they are accused for
the same treason ; ' And justly, and according
to law sent to the Tower, to answer what they
stand justly impeached of by tbe Commons \f
And it sets forth further; that. I pr&vnissa pr«-
dicta satis sciens, did so and so : were there no
other expression, that my lord, is expres%ly>
treason, or no doubt misprision of treason ; for,
my lord, it does charge me that I am satis sciens
particularly, sufficiently well apprized of those
treasons they were- executed for, these accused.
And that I did not this out of the weakness of
my own apprehension, but falsly, advisedly and
maliciously. My happiness is, I shall have
your great judgments to determine this matter
for me.
L. C. J. Mr. Readirg, you exercise great
elocution and eloquence ; but if I do appre-
hend you aright, what you say is this : That the-
Indictment sets forth, that -you satis sciens of
those treasons did so and so, which will amount
to a misprision of Treason. I must tell you,,
there is a difference between tbe knowledge of
a treason that is secret, for the concealing of.
that, and endeavouring to stifle the evidence, is
misprision of treason; but the knowing of v
treason that is revealed and discovered is know-
ing no more thnn all tbe world knows; and not
laid as a fault, but to aggravate the fault after*-
words charged. This discourse is nothing to
tbe matter; if you would have our opinion,
whether you may afterwards be questioned for
Treason, it is that we are not to give you ; an-
swer the Indictment as now it is: Yon have
favour enough that it is laid this way, and not
the other. An Indictment of Treason or Mis*
prision must not be laid so as that the crime
must be collected out of the Matter of Fact
only, but it must be formally laid. . How you
shall be prosecuted hereafter, must depend
upon the justice of the kingdom. We sit hero
now to determine upou what matter lies before
us, and so we cannot grant you a peremptory
challenge in this case, which is only allowed in
matters capital in favour of life.
Reading. My lord, I do desire to know whe- '
ther this be treason or no, ' That being devil-
ishly affected to the king my supreme and na-
tural lord, and intending to levy war in the »
kingdom, and to change the government, and
1
£67] STATE TRIALS, S I Charles IL IC79. — Trial of Nathcmatl Reading, [2GS
to alter the religion, and subvert the peace of
England ;v whether that be not treason P
L. C. J. Mr. Heading, We will answer none
of those quest ions : But this I will say to you,
no judgment of treason can be given upon you
upon this indictment; and though these acts
(if formally laid) might have been treason, yet
it not being so, we must proceed as it lies be-
fore us: And therefore jt you have any par-
ticular cause to challenge sir John Cutler, shew
it, and we will bear you.
Reading. My lord, I have this cause, I have
been but a little fime acquainted with this wor-
thy gtatteinan ; but, my lord, I have seen him
in company with Mr. Bedlow, mine accuser, I
know there is not a common intimacy and
friendship between them: I am very certain,
my lord, that sir John hath too much honour
to do me wrong ; but I do humbly desire that
he may have his ease, and be excused at this
time: not that I do distrust his justice, but for
the reasons I have humbly offered.
L.C.J. Look you, Mr. Reading, your ac-
cusers are witnesses for the king, and are, nei-
ther to gum nor lose by your trial ; and there-
fore cannot be presumed to make any party for
your conviction. And do you challenge a
juryman br cause he is supposed to know some-
thing of the matter? For that reason the juries
are called from the neighbourhood, because
thry should not be wholly strangers to the fact.
If you can shew that he hath already given his
verdict by his discourse, and tha: you are al-
ready condemned in his opinion, that may be
some cause of challenge; but that he hath dis-
coursed with neighbours as others do, it may
be he btlieies it, and may be he does not believe
it, he is now to give his verdict upon what he
hears upon oath.
Rradiii". My lord, I am very glad to see sir
John Cutler here, for I did intend to have his
evidence for me.
L. C. J. That you may have, though he be
tworn.
Then the Jury were sworn, and their names
were as folio weth, viz. Sir John Cutler, Joshua
Galliard, Edward Wilford, Thomas Henslow,
Thomas Earsby, John Erie, Thomas Casse,
Rains ford Waterhouse, Matthew Bateman,
Walter Moyle, Richard Paget, and John
Huynes, Esquires.
L. C. J. If sir John Cutler desires pen, ink
and paper, or any other convenience, let him
bave it.
C4. of the Cr. Gentlemen of the jury, hearken
to the indictment. He stands indicted by the
name of Nathanael Reading
L. C. J. You need not open the Indictment,
let the counsel do that.
_ »
Then Edward Ward, Esq. being of Counsel
for the King in this Cause, opened the Indict-
ment
May it please your lordship, and you gentle-
men of this jury, Nathaniel Reading," esq. stands
iddkte4 for this offence ; That whereas Ed ward
7
Coleman, William Ireland, and John Grove,
and other unknown persons, (traitors against
our sovereign lord the king) the 24th day of
April, in the 30th year of the king, did traitor-
ously contrive the king's death, tbe subversion
of the government of the kingdom, and the re-
ligion in the same kingdom by law established,
to alter and change to the superstition of the
Romish Church ; for which treasons they have
been in due manner attainted and executed :
And it farther lays, That whereas William earl
of Powis, William lord viscount Stafford, John
lord Bellasis, Henry lord Arnndel of Wardour,
William lord Petre, and sir Henry Titchburn,
baronet, wore the 30th of November last, in a
lawful manner, accused of those Treasons, and
for them committed to the Tower ; and thereof
the said Lords were and stand impeached by
the Commons in parliament: The said Mr,
Reading weM knowing of these things, and
being devilishly affected to the king, his supreme
and natural lord, and devising to disturb the
peace of the kingdom, and the government and
religion thereof rightly established, to change
und alter : the state of tbe kingdom well insti-
tuted, to subvert; and to obstruct and sti6e the
discovery of these treasons, and as much as in
him lay to shift off and retard the course of
law and prosccuti >n of justice against the said
lord Powis, 1. -d Stafford, lord Petre, and sir
llenrv Titchl :n ; the said Mr, Reading, the
?9tn • ;* Mar ii ia.t past, at St. Margaret's
Wea.Tnns tr. •>:» the part of these three last
mentioned .'o<u^, :i:..l sir Henry Titchburn, did
fa.selv, corrupt. y, advisedly, and against his al-
legiance, unlnwfuKy solicit, suborn, and endea-
vour to persuade one Mr. William Bedlow (who
before had given information of these Treasons
against the said persons, and whom Mr. Read*
ing knew so to have done) to lessen, stifle, and
omit to give in evidence the full truth accord-
ing to his knowledge of the said Treasons against?
the said three lords, and sir Henry Titchburn,
upon their trial to be had, and to give men evi-
dence as he the said Mr. Reading should direct ;•
and to that purpose, falsly, corruptly, advisedly,
and against the duty of his allegiance, unlaw-
fully did give to Mr. Bedlow 56 guineas, and
promised him, that within a certain time (by
the said Reading proposed) hcshould have and
receive divers other great sums of money anri
rewards, for lessening, stifling, nod omitting to
give in evidence the full truth, according to his
knowledge of those treasons, against the said
three Lords and sir Henry Titchburn ; and for
giving such evidence as he should direct : And
this is laid to be to the hinderance and suppres-
sion of justice, in manifest contempt of the
laws of this realm, to the evil example of other*
in the like case offending, and against the
peace of our lord the king, his crown and dig-
nity. To this Indictment Mr. Reading hath
pleaded Not Guilty. If we prove the offences
aforesaid against him, we doubt not but you will'
find him Guilty.
Sir Crested Levinz one of the King's Learn-
ed Codnsel in the-Law, thus opened tUe charge.
2G9] STATE TRIALS, 3 1 Charles II. \6:9.— for a Trapass and Misdsnu*uor. [970
May it please jour lordships, and you gen-
tlemen of the jury, lam of counsel for the king
io this case : gentlemen, this indictment is not
an indictment of high-treason, nor of mispri-
sion of treason ; and truly the gentleman at
the bar hath something wond e rd at the king's
lenity to him ; the fact in the indictment does
indeed sound of another nature, tbarr .what it
bears the name of; it does in this indictment
carry the most moderate character that the
fact will bear : it is only an indictment of tres-
pass and misdemeanor, but it is a very high
misdemeanor; it is to stifle the king's evi-
dence, and that not in an ordinary case, hut
where it is attended with the greatest aggrava-
tions tbat can be in any case whatsoever. If
a man should endeavour to stifle -the evidence
hi an action betwixt party and party, in the
courts of Westminster-hall, for a business of
about 40s. those courts of justice would find a
ready way to punish him. This is a crime of
another nature, for it is set forth in the indict-
ment, that Coleman, Ireland, and Grove had a
traitorous design in hand, for the which they
were executed, that is, the Plot ; and when I
bare said that, I have said all, that implies all ;
ypo all know what was thereby designed. It
is set forth in the indictment, that such lords,
and s.t Henry Titchburn, were privy to the
Vlot, and accused for it, and to prevent the
evidence to be given against these lords, three
•f tbetn, (for the bargain was only made for
three, viz. my lord Stafford, my lord Powis,
and my lord Petre; the rest were nut of the
bargain, and bad not, it seems, found out the
way of commerce now used by these persons;
was this gentleman, Mr. Reading's business.
It was to diminish and lessen the evidence that
was to be given against them, who were
charged and accused to be as highly guilty of
Use Plot as any that were executed for it.
And when I have told you this, you will surely
conclude it is an high offence, and an lii^h
misdemeanor : for if the life of the king, if the
law of the land, if the religion established, if
the settled government be valuable; if your
own lives, your own liberties, and your own
fortunes, have any consideration with you, this
is a very high misdemeanor; for you must
look upon these as all at stake : this plot, as it
was laid, did reach to all : so that an endea-
vour to conceal the evidence that should dis-
cover, and thereby prevent the execution of so
horrid a conspiracy, is a very heinous misde-
meanor; and you will easily believe, that the
gentleman at the bar, the prisoner whom you
ar* to try, had reason to doubt within himself,
*■/ it should he called so small an offence as
uhigh misdemeanor: but I will not, I need
aocaarmvafe this offence, *nd the rather he-
-weThe gentleman that stands accused for it,
fir c »«v*n (for which I am sorrv) which
Vs i»m to know own crime j w;ii ^^
WINM of "»oor tell you what tbe wi,_
Vn the tnden «f », rB,ber you should have
fqrmed, you will have tbe matter fully proved ;
and therefore we wiij call the witnesses, an j
let them tell you what it is they have to say.
Mr. Ward. There are some things laid in
this indictment, that are to be previously
proved, in order to the charging of the pri-
soner ; as tbe execution of Coleman, and the
rest; and the impeachment of the lords. If
Mr. Reading stands upon it, we have those,
here that will prove it.
L. C. J. Mr. Reading, those public pas-
sages that are laid in the preamble of the In-
dictment, do you insist they should be proved
first?
Reading. My lord, I am very willing to save
your lordship's time.
L. C. J. Do you admit that Coleman and
Ireland, &c. were executed for treason ?
Reading. Yes, my lord, and very justly.
L. C. J. Do you admit that the lords in the
Tower, are accused and impeached in parlia-
ment for this Plot?
Reading. Yes, my lord, I do.
X. C. J. Then you ease them of the read-
ingthose records.
Heading. And, my lord, I do further say, I
.do verily believe there never was a greater
plot laiof in hell than this. I have abhorred it
in my thoughts, and have not only endea-
voured to encourage the discovery, but always
gave it as my counsel, that nothing that was
true should be left out in the evidence. And
I do, and will, save your lordship's time as
much I can.
Sir O. Levin z. Then, if your lordship
please, we will call bur witnesses, and prove
the fact; and if there be any tiring that Mr.
Reading doubts of, we will prove it afterwards.
Swear Mr. Bedlow. Which was done.
Mr. Ward, Mr. Bedlow, I shall only ask
you the general question. Will you he pleased
to tell my lords and the jury, what you know
of this business? tell the whole story, what
discourse and bargainings there have been be-
tween you and Mr. Reading, for the diminish-
ing and lessening of your evidence.
Bedlow. My lord, Mr. Reading was alto-
gether a stranger to me, till sir Trevor Wil-
liams brought me acquainted with bim; he
was always very just to me in whatsoever he
did for me, and wherein he was employed by
me. I found him very honest, in reference to
my own concerns. And though Mr. iteading
will bring a great many people, perhaps, that
he hath pressed me to discover the whole of
the Plot; I do confess, he did it in a very
high measure in all public company, and that
I would not be baulked in any point : and for
the discovery and convicting, and executing,
of those that had died about this Plot, he
never denied but they suffered justly and law-
fully enough; but in private counsels where
we have been together, lie hath spoken to me
to he cautious, indeed he hath never endea-
voured to have me stifle the whole Plot, hut
only for some particular people that he solicited
for ; not but that he believed them guilty, as
271] STATE TRIALS, 31 Charles II. 1679— Trial qfNaihanad Reading [278
well as ihe rest; but be desired me that I
would not be so hot against them. And after
he had made me easy, (that was his word that
he himself used) he would have had roe made
Mr. Dugdale easy too. At several times, when
we have been together, his very expressions
have been to me, Mr. Bedlow, Though there
has been so damned a design on foot, and so
terrible a one, yet it is not for your safety nor
credit to run at the whole herd of men : For I
was this day, or yesterday, he said, with my
lord chief justice, and he told me, That at this
rate that Mr. Bedlow accuses men, none are
safe, for he runs at the whole herd ; and seemed
to me to intimate, that my lord chief justice
was not pleased with my forwardness. And
he told me likewise, You gain your point
with the parliament, and with the king, and
with the kingdom, if some suffer, as I believe
you can do it, and not run at the whole
herd; and it re an indifferent thing to you,
so you make the parliament your friend, by
proving there is a Plot, and the king your
friend, in not charging all these lords, and
you will make all the lords your friends, by your
kindness to them. You shall take my instruc-
tions, I will never advise you any thing that is
ill, but 1 will tell you bow far you shall pro-
ceed. If you can fix any thing Tor them, you
shall be sure to be well gratified.
JL C. J. Did he name any lords to you ?
Bedlow, This was the beginning of the dis-
course, my lord; and I answered him, Mr.
Reading, This id a very nice point, and I know
them to be guilty of all. the things I charge
them with, and 1 can prove it. If your advice
be so, I will consider of it. I think it was after
the prorogation of the last parliament, and then
my encouragement for discovery was not so
great,- But, said I, if any of them deny it to
you, that they are guilty, then they must expect
no kindness from me at all, for I will swear all
that I can against them ;. but if they acknow-
ledge that I do them -a piece of service in not
swearing too severely against them, then I will
be ready to take your advice and instructions.
He told me many times, that sir Henry Titch-
burn did think he had seen me in Paris, but he
did not use this expression to me, That 1
charged him with bringing commissions over
from Rome. I answered again, You may tell
sir Henry Titchbum, if he denies any thing of
the fact that I have sworn, against him, he does
me and himself a great injury. And to take
him off as an innocent man, I cannot do it, I
will never do it. But upon acknowledgment, I
may do them some kindness So likewise my
lord Powis and Caryll. The gentlemen that
he most solicited for, were, my lord Powis, my
lord Petre, my lord Stafford, sir Henry Titch-
burn, Mr. Roper, Mr. Caryll, and one Mr.
Corker a Jesuit. And likewise he made me
easy, upon that day that Mr. Whitebread and
Mr. Fen wick were upon their trials/ for I have
enough against them, because I could be no
stranger to Whitebread and Fenwick, two such
considerable men, being so much concerned as
I was in their affairs. It was imponiblt I
should be so much a stranger to them, at I said
I was, but it was because Mr. Reading bad then
made me easy, and I intended to carry on the
intrigue with him, till it could be handsomely
discovered. But my lord chief justice ssked
me whether that was all I could soj ? And I
told him, rav lord, I liave something more to
say, when time and place require it, sod when
I can be safe in telling it ; that is, when 1 bad
found out all that Mr. Reading intended to do,
how far he would go, and then I thought it
would be a proper time, when I could make
out some such information as I now do; but I
would not stifle that treaty that was betweea
him and me, about the lords in the Tower,
which I knew was of greater consequence than
two old priests. After the dissolution of the
parliament, he told me, We must see other
times and other changes, and that the lords did
not think themselves in so much danger as when,
the parliament was sitting. But at several
places, the Palsgrave-Head Tavern, and others,
we have had -discourse to the like effect. He
would very ftequeutly come to me, and talk
with me about it. Now I asked counsel of no
man, for I have no need of it in my matter ;
it is not matter of law, but matter of fact, that '
I am to make out, therefore I had no need of
his advice, but he would be at my bed-side very
often in a morning; aud before I was dressed,
and then we used to discourse together about
this business, and the manuer and form bow it
should be done, and how well I should be re-
warded if I got off those lords; that is, my lord
Petre, my lord Powis, my lord Stafford, and air
Henry Tichburn ; these were the four that made
the promises : but Mr. Readiug solicited for the
other lords too; they did promise a noble
reward, but I could never settle or fix what it
should be, but I should have acknowledgment!
both in money and estate, from the lords, fot
shortening the evidence, and bringing them of
from the charge of high-treason. We bad *e
vera! consultations about this. The Monder
that my lord Danby was sent for by the BLad
Rod, Mr. Reading came to me in the Speaker'
chamber, and told me, Mr. Bedlow, here is
great turn, my lord Treasurer is sent for by tfa
Black Rod, and things are like to go quit
another way. Well, said I, when were you wit
the lords in the Tower ? Said he, I have n<
been there these two or three days, but said h
I intend to go to-morrow, and then I will brii
you word what they say. And the nest da
or the day following, he came to me, and to
me, that the lords did think, that I was in s»re
measure capable of serving them now ; ai
they would nave an account of what I cod
say against them, that so they might view
and correct it. Accordingly he did go, m
appointed to meet the 28th of March. I ot
several other times that we had consultatio
and now come homeward to the business.
had then a command from the lords to snsp
the papers of the Spanish ambassador a\t W
House, and I could not m€ti Mr. &e*d
2T$] STATE TUAI& 3 1 Ctuius IL 1679,— f or a Trtqxm and
[274
according to promise, and I think the other
witnesses will give you reasons better than I.
This appointment was on Friday night ; on
Saturday morning, he, having missed of me the
night before, came to my lodging, where I had
placed Air. Speke and my man ready against
(ecame. None of all these conferences did I
conceal, bot revealed them to some of the
members, of the privy council, to the prince,
and to my lord of Essex. As soon as ever I had
discoursed with Mr. Reading about this matter,
I did write it in the very words, as near as I
conld, and gave it to the prince, and my lord
of Essex, and I think your lordships are very
well satisfied that the prince and my lord knew
it. And. I cold it to several others, as coun-
sellor Smith, Mr. Kirby, and several others,
who I was certain would be true to the secret,
learing that Mr. Reading had laid a trap to
catch me with, and therefore I was very cau-
ao«a,thaino particular of consequence should
he unknown to them. Indeed, my lord, I was
wry sotry to see Mr. Reading should do so, for
I bad a very great, respect for him ; and he did
ase to give me public advice in general, for
the discvvery of the Plot ; only for some parti-
cular people he did solicit me that I would be
a Bttk easy, those be did solicit for. Upon the
S9th of March, which was Saturday morning,
vhea he came into the room, he asked me, is
there nobody here can overhear us? J told
kirn, no, there was not. Now I had planted
thai gentleman, Mr. Speke, behind my hang-
ings, smd made an hollow place in my bed, and
therein laid my man, and covered him with the
rag so smooth, that it did appear as if it were
bat newly made, and he could not perceive
(here was any body there ; he would have
spoke to me in the dining-room, but I excused
it, telling bkn, That madam Greves, who lay
in the next room, had ot er-heard" several dis-
courses that I had with some persons there,
and therefore k would not be safe, but he had
better go into my chamber (not that she could
hear through the wail, but it was to bring him
into nay chamber) ; he commended my caution,
and came in with me thither;. and bis first
word, as I said, was, is there nobody that can
over-hear r^No, said I, it is my concern to
look to rbat, that all be private : but, said I,
what say the lords in the Tower ? What says
my lord Stafford, what do they intend to do? I
Bias? know speedily, for I am to give in my
Jamtmauon to the Secret Committee of what
I can say against them this night. And I can
slay no longer, but must have their final an-
swer, that I may know what to say when I
came to the Secret Committee, Saith he, I
will go and get their final answer, but pray pat
it off till Wednesday, if you can. Saith I, I
cannot do that, put it off so long, but I will
do what I can to put it off till Monday. Well,
said he, on Monday you shall be sure to hear
from me then, and I will have all thing! ready,
as to what you have to say, and you shall have
it from me. Accordingly I did stay till Monday,
hat the Cc^uakseeof Secrecy knew kail this
TOL. VII.
time ; and when I met him on Monday, I had
ordered the witnesses that were by to over-hear
us, to be present at the delivery of. the paper 5
accordingly they were there, and Mr. Reading
did bring it in his own hand-writing.
Kendtng. What room was it yoa were in,
pray, Sir ?
Bedlotv. In the Painted- chamber. And as
be gave me the paper, pretending to put me
hand in my pocket, I clapped it with my hand
privately behind me thus, and Mr. Speke took
it out of my hand, and he and tny man went
into my lord Privy-Seal's chamber, and there
they read it, and had it three hours before I
ever saw it. Well, said I, what n ill the lords
do ? Why, saith he, though I have not a full
answer as to what they will do, yet you may
expect a noble reward ; and I have order to
draw up blank deeds.
Reading. Who did yoa give that paper to*
Sir?
Bedlow. To Mr. Speke; the rest will justify
it, it is your owa hand-writing. But saith
he, I have order to draw blank deeds to be
signed in ten days after their discharge. And
5ou may be sure that they shall be signed*
£r. Reading, said 1, this is but a verbal pro*
mise, and they may perhaps hereafter charge
me, for all my bringing them off, and do me a
great deal of injury. That cannot be, saith
he, my soul and my life for it, I have taken
their words, and, if there be any faith, honour
and conscience in men, it shall be done : I
dare answer for them. And, Mr. Bedlow,
your safety doth most consist in it; for as they
must never be false with ypu, so they must
never be at enmity with you ; for at last, if
you charge them with corrupting of you, yoa
will be able to ruin them, and it will not look
ill upon you, so much as upon them. Bet, take
my word for it, you shall have a noMe and
worthy acknowledgment. I have authority to
draw blank deeds, both for smns and estates,
which they will settle upon you, and likewise
a speedy supply of money, as soon as tbey caa
get it in ; for my lord Stafford said, he is now
cutting down wood and selling it, and when he
bath raised the money, you shall have it ; but
he protests, at present he hath not now money
to defray the charges of his family ; but I have
order at any time to give you what you need
for present occasions. And indeed accord-
ingly 1 have had a great deal of money from,
him, several guineas. 1 had all I asked for,
and many times gold I did not ask far ; upoa
what terms, other witnesses will prove better
than I hereafter. When we bad done, said be,
let me see what papers you have, the copy of
what you have accused the eueen about,' and
the lords, thai I 'may carry them to the lords,
and have their answer. Said I, they are at my
mother's. I must needs have them, said he.
So, that I might give the witnesses leave to '
come out, I went with him to my mother's
lodgings, and pretended to look for them, but
found them not, for none but the Secret Com-
mittee knoves what is in them. But when I
T
975] STATE TRIALS, 31 Chaelbs IL 1670.— Trial of Nathanad Reading, [370
had looked over my papers, said I, my brother,
perhaps, hath got them away with him, I will
go back to my lodgings and see. Oh ! said he,
you should make sure of such copies as you
have, in some friend's hands, to secure them as
well as the original. I told him, I sboold be
sure of them at night ; so he was satisfied :
though I never intended he should have them,
because there was business of so great conse-
quence in them. When we came back again,
we found Mr. Speke and my man in the cham-
ber, writing. I asked Mr. Speke how long they
had been there ? He told me, as soon as I went
out. Then said I td Mr. Speke, pray withdraw,
for now I am to have Mr. Reading's instruc-
tions ; if you will go before by water, I will
meet you at Westminster by and by. Then I
locked up the street door, and came back to
Mr. Reading, and then to work we fell to write
out those things that he and I did conclude
upon.
Reading. You say that you and J. were then
alone, and your man gone away.
Bedlow.' I said, that then you and I con-
cluded upon what I should say, and what I
should pitch upon they were to correct, accord-
ing to what they thought would most conduce
to their own safety. And when there were any
words that seemed to urge any thing home upon
them, then he would tell me what was law, and
that, perhaps, would reach them, and then al-
tered it. And the Monday after brought a
copy to me, of his own hand-writing, far from
the words that were set down in the paper that
he and I concluded of together, and delivered
it to me privately, and I delivered it to this gen-
tleman, carrying it behind me thus, and he
came after me and took it from me.
Sir C. Levins. Mr. Bedlow, this, you say,
was for the shortening of the evidence; how
was it«to be shortened ?
Bedlow. To take off the whole charge of guilt,
that I had sworn against them:
Sir C. Levinz. Did that, which you agreed
upon to shorten, take off from the treason ?
Bedlow. That which the witnesses had in
writing did take off the charge of treason
wholly.
Sir C. Levins. Was it less than the infor-
mation you had giveu in against them ?
Bedlow. I told him, that it was not delivered
into the Secret Committee, but indeed I had a
great while before
X. C. J. I will tell you. what I apprehend he
did say ; if I mistake, he will set it right. He
•aith, When he came back with Mr. Reading,
he found Mr. Speke and his man in the cham-
ber together ; 
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